< Back to H.R. 1465 (101st Congress, 1989–1990)

Text of the Oil Pollution Act of 1990

This bill was enacted after being signed by the President on August 18, 1990. The text of the bill below is as of Aug 18, 1990 (Passed Congress/Enrolled Bill).

104 STAT. 484                         PUBLIC LAW 101-380—AUG. 18, 1990
                    Public Law 101-380
                    101st Congress
                                                           An Act
                    To establish limitations on liability for damages resulting from oil pollution, to
  Aug. 18, 1990       establish a fund for the payment of compensation for such damages, and for other
   [H.R. 1465]        purposes.

                     Be it enacted by the Senate and House of Representatives of the
Oil Pollution Act   United States of America in Congress assembled,
of 1990.
Maritime            SECTION 1. SHORT TITLE.
affairs.
Environmental         This Act may be cited as the "Oil Pollution Act of 1990".
protection.         SEC. 2. TABLE OF CONTENTS.
33 u s e 2701
note.                 The contents of this Act are as follows:
                                TITLE I—OIL POLLUTION LIABILITY AND COMPENSATION
                    Sec.   1001. Definitions.
                    Sec.   1002. Elements of liability.
                    Sec.   1003. Defenses to liability.
                    Sec.   1004. Limits on liability.
                    Sec.   1005. Interest.
                    Sec.   1006. Natural resources.
                    Sec.   1007. Recovery by foreign claimants.
                    Sec.   1008. Recovery by responsible party.
                    Sec.   1009. Contribution.
                    Sec.   1010. Indemnification agreements.
                    Sec.   1011. Consultation on removal actions.
                    Sec.   1012. Uses of the Fund.
                    Sec.   1013. Claims procedure.
                    Sec.   1014. Designation of source and advertisement.
                    Sec.   1015. Subrogation.
                    Sec.   1016. Financial responsibility.
                    Sec.   1017. Litigation, jurisdiction, smd venue.
                    Sec.   1018. Relationship to other law.
                    Sec.   1019. State financial responsibility.
                    Sec.   1020. Application.
                                            TITLE II—CONFORMING AMENDMENTS
                    Sec.   2001.   Intervention on the High Seas Act.
                    Sec.   2002.   Federal Water Pollution Control Act.
                    Sec.   2003.   Deepwater Port Act.
                    Sec.   2004.   Outer Continental Shelf Lands Act Amendments of 1978.
                    TITLE III—INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL
                    Sec. 3001. Sense of Congress regarding participation in international regime.
                    Sec. 3002. United States-Canada Great Lakes oil spill cooperation.
                    Sec. 3003. United States-Canada Lake Champlain oil spill cooperation.
                    Sec. 3004. International inventory of removal equipment and personnel.
                    Sec. 3005. Negotiations with Canada concerning tug escorts in Puget Sound.
                                           TITLE IV—PREVENTION AND REMOVAL
                                                     Subtitle A—Prevention
                    Sec. 4101. Review of alcohol and drug abuse and other matters in issuing licenses,
                                certificates of registry, and merch£int mariners' documents.
                    Sec. 4102. Term of licenses, certificates of registry, and merchant mariners' docu-
                                ments; criminal record reviews in renewals.
                    Sec. 4103. Suspension and revocation of licenses, certificates of registry, and mer-
                                chant mariners' documents for alcohol and drug abuse.

PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 485 Sec. 4104. Removal of master or individual in charge. Sec. 4105. Access to National Driver Register. Sec. 4106. Manning standards for foreign tank vessels. Sec. 4107. Vessel traffic service systems. Sec. 4108. Great Lakes pilotage. Sec. 4109. Periodic gauging of plating thickness of commercial vessels. Sec. 4110. Overfill and tank level or pressure monitoring devices. Sec. 4111. Study on tanker navigation safety standards. Sec. 4112. Dredge modification study. Sec. 4113. Use of liners. Sec. 4114. Tank vessel manning. Sec. 4115. Establishment of double hull requirement for tank vessels. Sec. 4116. Pilotage. Sec. 4117. Maritime pollution prevention training program study. Sec. 4118. Vessel communication equipment regulations. Subtitle B—Removal Sec. 4201. Federal removal authority. Sec. 4202. National planning and response system. Sec. 4203. Coast Guard vessel design. Sec. 4204. Determination of harmful quantities of oil and heizardous substances. Sec. 4205. Coastwise oil spill response endorsements. Subtitle C—Penalties and Miscellaneous Sec. 4301. Federal Water Pollution Control Act penalties. Sec. 4302. Other penalties. Sec. 4303. Financial responsibility civil penalties. Sec. 4304. Deposit of certain penalties into oil spill liability trust fund. Sec. 4305. Inspection and entry. Sec. 4306. Civil enforcement under Federal Water Pollution Control Act. TITLE V—PRINCE WILLIAM SOUND PROVISIONS Sec. 5001. Oil spill recovery institute. Sec. 5002. Terminal and tanker oversight and monitoring. Sec. 5003. Bligh Reef light. Sec. 5004. Vessel traffic service system. Sec. 5005. Equipment and personnel requirements under tank vessel and facility re- sponse plans. Sec. 5006. Funding. Sec. 5007. Limitation. TITLE VI—MISCELLANEOUS Sec. 6001. Savings provisions. Sec. 6002. Annual appropriations. Sec. 6003. Outer Banks protection. Sec. 6004. Cooperative development of common hydrocarbon-bearing areas. TITLE VII—OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM Sec. 7001. Oil pollution research and development program. TITLE VIII—TRANS-ALASKA PIPELINE SYSTEM Sec. 8001. Short title. Subtitle A—Improvements to Trans-Alaska Pipeline System Sec. 8101. Liability within the State of Alaska and cleanup efforts. Sec. 8102. Trans-Alaska Pipeline Liability Fund. Sec. 8103. Presidential task force. Subtitle B—Penalties Sec. 8201. Authority of the Secretary of the Interior to impose penalties on Outer Continental Shelf facilities. Sec. 8202. Trans-Alaska pipeline system civil penalties. Subtitle C—Provisions Applicable to Alaska Natives Sec. 8301. Land conveyances. Sec. 8302. Impact of potential spills in the Arctic Ocean on Alaska Natives.
104 STAT. 486 PUBLIC LAW 101-380—AUG. 18, 1990 TITLE IX—AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND, ETC Sec. 9001. Amendments to Oil Spill Liability Trust Fund. Sec. 9002. Changes relating to other funds. TITLE I—OIL POLLUTION LIABILITY AND COMPENSATION 33 u s e 2701. SeclOOl. DEFINITIONS. For the purposes of this Act, the term— (1) act of God" means an unanticipated grave natural disas- ter or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or fore- sight; (2) "barrel" means 42 United States gallons at 60 degrees fahrenheit; (3) "claim" means a request, made in writing for a sum certain, for compensation for damgiges or removal costs result- ing from an incident; (4) "claimant" means any person or government who presents a claim for compensation under this title; (5) "damages means damages specified in section 1002(b) of this Act, and includes the cost of assessing these damages; (6) "deepwater port" is a facility licensed under the Deep- water Port Act of 1974 (33 U.S.C. 1501-1524); (7) "discharge" means any emission (other than natural seep- age), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptjdng, or dumping; (8) "exclusive economic zone" means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as "eastern special areas" in Article 3(1) of the Agreement be- tween the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) "facility" means any structure, group of structures, equip- ment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. This term includes any motor vehicle, rolling stock, or pipeline used for one or more of these purposes; (10) "foreign offshore unit" means a facility which is located, in whole or in part, in the territorial sea or on the continental shelf of a foreign country and which is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the seabed beneath the foreign country's territorisd sea or from the foreign country's continen- tal shelf; (11) "Fund" means the Oil Spill Liability Trust Fund, estab- lished by section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509); (12) "gross ton" has the meaning given that term by the Secretary under part J of title 46, United States Code;
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 487 (13) "guarantor" means any person, other than the respon- sible party, who provides evidence of financial responsibility for a responsible party under this Act; (14) "incident" means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial threat of discharge of oil; (15) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, but not including any Alaska Native regional or village corporation, which is recog- nized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and has governmental authority over lands belonging to or controlled by the tribe; (16) "lessee" means a person holding a leasehold interest in an oil or gas lease on lands beneath navigable waters (as that term is defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a))) or on submerged lands of the Outer Continental Shelf, granted or maintained under applicable State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); (17) "liable" or "liability" shall be construed to be the stand- ard of liability which obtains under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); (18) "mobile offshore drilling unit" means a vessel (other than a self-elevating lift vessel) capable of use as an offshore facility; (19) "National Contingency Plan" means the National Contin- gency Plan prepared and published under section 311(d) of the Federal Water Pollution Control Act, as amended by this Act, or revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9605); (20) "natural resources" includes land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the exclusive economic zone), any State or local government or Indian tribe, or any foreign government; (21) "navigable waters" means the waters of the United States, including the territorial sea; (22) "offshore facility" means any facility of any kind located in, on, or under any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel; (23) "oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not in- clude petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous sub- stance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act; (24) "onshore facility" means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land;
104 STAT. 488 PUBLIC LAW 101-380—AUG. 18, 1990 (25) the term "Outer Continental Shelf facility" means an offshore facility which is located, in whole or in part, on the Outer Continental Shelf and is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the Outer Continental Shelf; (26) "owner or operator" means (A) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel, and (B) in the case of an onshore facility, and an offshore facility, any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such facility imme- diately prior to such abandonment; (27) "person" means an individual, corporation, partnership, association. State, municipality, commission, or political sub- division of a State, or any interstate body; (28) "permittee" means a person holding an authorization, license, or permit for geological exploration issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) or applicable State law; (29) "public vessel" means a vessel owned or bareboat char- tered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when the vessel is engaged in commerce; (30) "remove" or "removal" means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; (31) "removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident; (32) "responsible party" means the following: (A) VESSELS.—In the case of a vessel, any person owning, operating, or demise chartering the vessel. (B) ONSHORE FACILITIES.—In the case of an onshore facil- ity (other than a pipeline), any person owning or operating the facility, except a Federal agency. State, municipality, commission, or political subdivision of a State, or any inter- state body, that as the owner transfers possession and right to use the property to another person by lease, assignment, or permit. (C) OFFSHORE FACIUTIES.—In the case of an offshore facil- ity (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.)), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1301-1356) for the area in which the facility is located (if the holder is a different person than the lessee or permittee), except a Federal agency. State, municipality, commission, or politi- cal subdivision of a State, or any interstate body, that as
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 489 owner transfers possession and right to use the property to another person by lease, assignment, or permit, (D) DEEPWATER PORTS.—In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524), the licensee. (E) PiPEUNES.—In the case of a pipeline, any person owning or operating the pipeline. (F) ABANDONMENT.—In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, or offshore facil- ity, the persons who would have been responsible parties immediately prior to the abandonment of the vessel or facility. (33) "Secretary" means the Secretary of the department in which the Coast Guard is operating; (34) "tank vessel" means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that— (A) is a vessel of the United States; (B) operates on the navigable waters; or (C) transfers oil or hazardous material in a place subject to the jurisdiction of the United States; (35) "territorial seas" means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 miles; (36) "United States" and "State" mean the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession of the United States; and (37) "vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, other than a public vessel. SEC. 1002. ELEMENTS OF LIABILITY. 33 USC 2702. (a) I N GENERAL.—Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navi- gable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident. (b) COVERED REMOVAL COSTS AND DAMAGES.— (1) REMOVAL COSTS.—The removal costs referred to in subsec- tion (a) are— (A) all removal costs incurred by the United States, a State and local State, or an Indian tribe under subsection (c), (d), (e), or (1) of governments. section 311 of the Federal Water Pollution Control Act (33 Indians. U.S.C. 1321), as amended by this Act, under the Interven- tion on the High Seas Act (33 U.S.C. 1471 et seq.), or under State law; and (B) any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan. (2) DAMAGES.—The damages referred to in subsection (a) are the following:
104 STAT. 490 PUBLIC LAW 101-380—AUG. 18, 1990 (A) NATURAL RESOURCES.—Damages for injury to, destruc- tion of, loss of, or loss of use of, natural resources, including the regisonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee. (B) REAL OR PERSONAL PROPERTY.—Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property. (C) SUBSISTENCE USE.—Damages for loss of subsistence use of natural resources, which shall be recoverable by any claimant who so uses natural resources which have been injured, destroyed, or lost, without regard to the ownership or management of the resources. (D) REVENUES.—Dam£iges equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by the Government of the United States, a State, or a political subdivision thereof. (E) PROFITS AND EARNING CAPACITY.—Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by any claimant. (F) PUBLIC SERVICES.—Damages for net costs of providing increased or additional public services during or after re- moval activities, including protection from fire, safety, or health hazards, caused by a discharge of oil, which shall be recoverable by a State, or a political subdivision of a State. (c) EXCLUDED DISCHARGES.—This title does not apply to any dis- charge— (1) permitted by a permit issued under Federal, State, or local law; (2) from a public vessel; or (3) from an onshore facility which is subject to the Trans- Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.). (d) LiABiUTY OF THIRD PARTIES.— (1) I N GENERAL.— (A) THIRD PARTY TREATED AS RESPONSIBLE PARTY.—Except £is provided in subparagraph (B), in any case in which a responsible party establishes that a discharge or threat of a discharge and the resulting removal costs and damages were caused solely by an act or omission of one or more third parties described in section 1003(a)(3) (or solely by such an act or omission in combination with an act of God or an act of war), the third party or parties shall be treated as the responsible party or parties for purposes of determin- ing liability under this title. (B) SUBROGATION OF RESPONSIBLE PARTY.—If the respon- sible party alleges that the discharge or threat of a dis- charge was caused solely by an act or omission of a third party, the responsible party— (i) in accordance with section 1013, shall pay removal costs and damages to any claimant; and (ii) shall be entitled by subrogation to all rights of the United States Government and the claimant to recover
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 491 removal costs or damages from the third party or the Fund paid under this subsection. (2) LIMITATION APPUED.— (A) OWNER OR OPERATOR OF VESSEL OR FACILITY.—If the act or omission of a third party that causes an incident occurs in connection with a vessel or facility owned or operated by the third party, the liability of the third party shall be subject to the limits provided in section 1004 as applied with respect to the vessel or facility. (B) OTHER CASES.—In any other case, the liability of a third party or parties shall not exceed the limitation which would have been applicable to the responsible party of the vessel or facility from which the discharge actually oc- curred if the responsible party were liable. SEC. 1003. DEFENSES TO LIABILITY. 33 USC 2703. (a) COMPLETE DEFENSES.—A responsible party is not liable for removal costs or damages under section 1002 if the responsible party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting damages or removal costs were caused solely by— (1) an act of God; (2) an act of war; (3) an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a prepon- derance of the evidence, that the responsible party— (A) exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and (B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or (4) any combination of paragraphs (1), (2), and (3). Ob) DEFENSES As To PARTICULAR CLAIMANTS.—A responsible party is not liable under section 1002 to a claimant, to the extent that the incident is caused by the gross negligence or willful misconduct of the claimant. (c) LIMITATION ON COMPLETE DEFENSE.—Subsection (a) does not apply with respect to a responsible party who fails or refuses— (1) to report the incident as required by law if the responsible party knows or has reason to know of the incident; (2) to provide all reasonable cooperation and assistance re- quested by a responsible official in connection with removal activities; or (3) without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.). SEC. 1004. LIMITS ON LIABILITY. 33 USC 2704. (a) GENERAL RULE.—Except as otherwise provided in this section, the total of the liability of a responsible party under section 1002
104 STAT. 492 PUBLIC LAW 101-380—AUG. 18, 1990 and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed— (1) for a tank vessel, the greater of— (A) $1,200 per gross ton; or (BXi) in the case of a vessel greater than 3,000 gross tons, $10,000,000; or (ii) in the case of a vessel of 3,000 gross tons or less, $2,000,000; (2) for any other vessel, $600 per gross ton or $500,000, whichever is greater; (3) for an onshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and (4) for any onshore facility and a deepwater port, $350,000,000. 0)) DIVISION OF LIABILITY FOR MOBILE OFFSHORE DRILUNG UNITS.— (1) TREATED FIRST AS TANK VESSEL.—For purposes of determin- ing the responsible party and appljdng this Act and except as provided in parsigraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water. (2) TREATED AS FACIUTY FOR EXCESS LIABIUTY.—To the extent that removal costs and damages from any incident described in paragraph (1) exceed the amount for which a responsible party is liable (as that amount may be limited under subsection (a)(1)), the mobile offshore drilling unit is deemed to be an offshore facility. For purposes of applying subsection (a)(3), the amount specified in that subsection shall be reduced by the amount for which the responsible party is liable under paragraph (1). (c) EXCEPTIONS.— (1) ACTS OF RESPONSIBLE PARTY.—Subsection (a) does not apply if the incident was proximately caused by— (A) gross negligence or willful misconduct of, or (B) the violation of an applicable Federal safety, construc- tion, or operating regulation by, the responsible party, an agent or employee of the responsible party, or a person acting pursuant to a contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail). (2) FAILURE OR REFUSAL OF RESPONSIBLE PARTY.—Subsection (a) does not apply if the responsible party fails or refuses— (A) to report the incident as required by law and the responsible party knows or has reason to know of the incident; (B) to provide all reasonable cooperation and assistance requested by a responsible official in connection with re- moval activities; or (C) without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.). (3) OCS FACILITY OR VESSEL.—Notwithstanding the limitations established under subsection (a) and the defenses of section 1003, all removal costs incurred by the United States Govern- ment or any State or local official or agency in connection with a discharge or substantial threat of a discharge of oil from any
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 493 Outer Continental Shelf facility or a vessel carrying oil as cargo from such a facility shall be borne by the owner or operator of such facility or vessel, (d) ADJUSTING LIMITS OF LIABIUTY.— (1) ONSHORE FACILITIES.—Subject to paragraph (2), the Presi- dent may establish by regulation, with respect to any class or category of onshore facility, a limit of liability under this section of less than $350,000,000, but not less than $8,000,000, taking into account size, storage capacity, oil throughput, proximity to sensitive areas, type of oil handled, history of discharges, and other factors relevant to risks posed by the class or category of facility. (2) DEEPWATER PORTS AND ASSOCIATED VESSELS.— (A) STUDY.—The Secretary shall conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessel to deepwater ports (as de- fined in section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502)) versus the transportation of oil by vessel to other ports. The study shall include a review and analysis of offshore lightering practices used in connection with that transportation, an analysis of the volume of oil transported by vessel using those practices, and an analysis of the frequency and volume of oil discharges which occur in connection with the use of those practices. (B) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the study conducted under subparagraph (A). (C) RULEMAKING PROCEEDING.—If the Secretary deter- mines, based on the results of the study conducted under this subparagraph (A), that the use of deepwater ports in connection with the transportation of oil by vessel results in a lower operational or environmental risk than the use of other ports, the Secretary shall initiate, not later than the 180th day following the date of submission of the report to the Congress under subparagraph (B), a rulemaking proceeding to lower the limits of liability under this section for deepwater ports as the Secretary determines appro- priate. The Secretary may establish a limit of liability of less than $350,000,000, but not less than $50,000,000, in accordance with paragraph (1). (3) PERIODIC REPORTS.—The President shall, within 6 months President of U.S. after the date of the enactment of this Act, and from time to time thereafter, report to the Congress on the desirability of adjusting the limits of liability specified in subsection (a). (4) ADJUSTMENT TO REFLECT CONSUMER PRICE INDEX.—The Regulations. President shall, by regulations issued not less often than every 3 years, adjust the limits of liability specified in subsection (a) to reflect significant increases in the Consumer Price Index. SEC. 1005. INTEREST. 33 u s e 2705. (a) GENERAL RULE.—The responsible party or the responsible party's guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b). (b) PERIOD.— v^
104 STAT. 494 PUBLIC LAW 101-380—AUG. 18, 1990 (1) I N GENERAL.—Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid. (2) EXCLUSION OF PERIOD DUE TO OFFER BY GUARANTOR.—If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under section 1013(a), the period described in paragraph (1) does not include any period before the offer is accepted. (3) EXCLUSION OF PERIODS IN INTERESTS OF JUSTICE.—If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall accrue under this section during that period. (4) CALCULATION OF INTEREST.—The interest paid under this section shall be calculated at the average of the highest rate for commercial and finance company paper of maturities of 180 days or less obtaining on each of the days included within the period for which interest must be paid to the claimant, as published in the Federal Reserve Bulletin. (5) INTEREST NOT SUBJECT TO UABIUTY LIMITS.— (A) I N GENERAL.—Interest (including prejudgment in- terest) under this paragraph is in addition to damages and removal costs for which claims may be asserted under section 1002 and shall be paid without regard to any limita- tion of liability under section 1004. (B) PAYMENT BY GUARANTOR.—The payment of interest under this subsection by a guarantor is subject to section 1016(g). 33 u s e 2706. SEC. 1006. NATURAL RESOURCES. (a) LiABiUTY.—In the case of natural resource damages under section 1002(b)(2)(A), liability shall be— (1) to the United States Government for natural resources belonging to, managed by, controlled by, or appertaining to the United States; State and local (2) to any State for natural resources belonging to, managed governments. by, controlled by, or appertaining to such State or political subdivision thereof; Indians. (3) to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such Indian tribe; and (4) in any case in which section 1007 applies, to the govern- ment of a foreign country for natural resources belonging to, managed by, controlled by, or appertaining to such country. (b) DESIGNATION OF TRUSTEES.— President of U.S. (1) IN GENERAL.—The President, or the authorized representa- Claims. tive of any State, Indian tribe, or foreign government, shall act on behalf of the public, Indian tribe, or foreign country as trustee of natural resources to present a claim for and to recover damages to the natural resources.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 495 (2) FEDERAL TRUSTEES.—The President shall designate the Federal officials who shall act on behalf of the public as trustees for natural resources under this Act. (3) STATE TRUSTEES.—The Governor of each State shall des- ignate State and local officials who may act on behalf of the public as trustee for natural resources under this Act and shall notify the President of the designation. (4) INDIAN TRIBE TRUSTEES.—The governing body of any Indian tribe shall designate tribal officials who may act on behalf of the tribe or its members as trustee for natural resources under this Act and shall notify the President of the designation. (5) FOREIGN TRUSTEES.—The head of any foreign government may designate the trustee who shall act on behalf of that government as trustee for natural resources under this Act. (c) FUNCTIONS OF TRUSTEES.— (1) FEDERAL TRUSTEES.—The Federal officials designated under subsection (b)(2)— (A) shall assess natural resource damages under section 1002(b)(2)(A) for the natural resources under their trustee- ship; (B) may, upon request of and reimbursement from a State or Indian tribe and at the Federal officials' discretion, . assess damages for the natural resources under the State's or tribe's trusteeship; and (C) shall develop and implement a plan for the restora- tion, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trustee- ship. (2) STATE TRUSTEES.—The State and local officials designated under subsection (b)(3)— (A) shall assess natural resource damages under section 1002(b)(2)(A) for the purposes of this Act for the natural resources under their trusteeship; and (B) shall develop and implement a plan for the restora- tion, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trustee- ship. (3) INDIAN TRIBE TRUSTEES.—The tribal officials designated under subsection Ot))(4)— (A) shall assess natural resource damages under section 10020t))(2)(A) for the purposes of this Act for the natural resources under their trusteeship; and (B) shall develop and implement a plan for the restora- tion, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trustee- ship. (4) FOREIGN TRUSTEES.—The trustees designated under subsec- tion (b)(5)— (A) shall assess natural resource damages under section 1002(b)(2)(A) for the purposes of this Act for the natural resources under their trusteeship; and (B) shall develop and implement a plan for the restora- tion, rehabilitation, replacement, or acquisition of the ' equivalent, of the natural resources under their trustee- ship. (5) NOTICE AND OPPORTUNITY TO BE HEARD.—Plans shall be developed and implemented under this section only after ade-
104 STAT. 496 PUBLIC LAW 101-380—AUG. 18, 1990 quate public notice, opportunity for a hearing, and consider- ation of all public comment. (d) MEASURE OF DAMAGES.— (1) I N GENERAL.—The measure of natural resource damages under section 1002(bX2XA) is— (A) the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of, the damaged natural resources; (B) the diminution in value of those natural resources pending restoration; plus (C) the reasonable cost of assessing those damages. (2) DETERMINE COSTS WITH RESPECT TO PLANS.—Costs shall be determined under paragraph (1) with respect to plans adopted under subsection (c). (3) No DOUBLE RECOVERY.—There shall be no double recovery under this Act for natural resource damages, including with respect to the costs of damage assessment or restoration, re- habilitation, replacement, or acquisition for the same incident and natural resource. President of U.S. (e) DAMAGE ASSESSMENT REGULATIONS.— (1) REGULATIONS.—The President, acting through the Under Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later than 2 years after the date of the enactment of this Act, shall promulgate regulations for the assessment of natural resource damages under section 1002(b)(2)(A) resulting from a discharge of oil for the purpose of this Act. (2) REBUTTABLE PRESUMPTION.—Any determination or assess- ment of damages to natural resources for the purposes of this Act made under subsection (d) by a Federal, State, or Indian trustee in accordance with the regulations promulgated under paragraph (1) shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or , judicial proceeding under this Act. (f) USE OF RECOVERED SUMS.—Sums recovered under this Act by a Federal, State, Indian, or foreign trustee for natural resource dam- ages under section 1002(b)(2)(A) shall be retained by the trustee in a revolving trust account, without further appropriation, for use only to reimburse or pay costs incurred by the trustee under subsection (c) with respect to the damaged natural resources. Any amounts in excess of those required for these reimbursements and costs shall be deposited in the Fund. (g) CoMPUANCE.—Review of actions by any Federal official where there is alleged to be a failure of that official to perform a duty under this section that is not discretionary with that official may be had by any person in the district court in which the person resides or in which the alleged damage to natural resources occurred. The court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevail- ing party. Nothing in this subsection shall restrict any right which any person may have to seek relief under any other provision of law. 33 u s e 2707. SEC. 1007. RECOVERY BY FOREIGN CLAIMANTS. (a) REQUIRED SHOWING BY FOREIGN CLAIMANTS.—
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 497 (1) I N GENERAL.—In addition to satisfjdng the other require- ments of this Act, to recover removal costs or damages resulting from an incident a foreign claimant shall demonstrate that— (A) the claimant has not been otherwise compensated for the removal costs or damages; and (B) recovery is authorized by a treaty or executive agree- ment between the United States and the claimant's coun- try, or the Secretary of State, in consultation with the Attorney General and other appropriate officials, has cer- tified that the claimant's country provides a comparable remedy for United States claimante. (2) EXCEPTIONS.—Paragraph (1)(B) shall not apply with respect Canada, to recovery by a resident of Canada in the case of an incident described in subsection (bX4). (b) DISCHARGES IN FOREIGN COUNTRIES.—A foreign claimant may make a claim for removal costs and damages resulting from a discharge, or substantial threat of a discharge, of oil in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country, only if the discharge is from— (1) an Outer Continental Shelf facility or a deepwater port; (2) a vessel in the navigable waters; (3) a vessel carr3dng oil as cargo between 2 places in the United States; or (4) a tanker that received the oil at the terminal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), for transportation to a place in the United States, and the discharge or threat occurs prior to delivery of the oil to that place. (c) FOREIGN CLAIMANT DEFINED.—In this section, the term "for- eign claimant" means— (1) a person residing in a foreign country; (2) the government of a foreign country; and (3) an agency or political subdivision of a foreign country. SEC. 1008. RECOVERY BY RESPONSIBLE PARTY. 33 USC 2708. (a) I N GENERAL.—The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 1013 only if the responsible party dem- onstrates that— (1) the responsible party is entitled to a defense to liability under section 1003; or (2) the responsible party is entitled to a limitation of liability under section 1004. Qo) EXTENT OF RECOVERY.—A responsible party who is entitled to a limitation of liability may assert a claim under section 1013 only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under section 1013 exceeds the amount to which the total of the liability under section 1002 and removal costs and damages incurred by, or on behalf of, the responsible party is limited under section 1004. SEC. 1009. CONTRIBUTION. 33 uSC 2709. A person may bring a civil action for contribution against any other person who is liable or potentially liable under this Act or
104 STAT. 498 PUBLIC LAW 101-380—AUG. 18, 1990 another law. The action shall be brought in accordance with section 1017. 33 u s e 2710. SEC. 1010. INDEMNIFICATION AGREEMENTS. (a) AGREEMENTS NOT PROHIBITED.—Nothing in this Act prohibits any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this Act. Ot)) LiABiuTY NOT TRANSFERRED.—No indemnification, hold harm- less, or similar agreement or conveyance shall be effective to trans- fer liability imposed under this Act from a responsible party or from any person who may be liable for an incident under this Act to any other person. (c) RELATIONSHIP TO OTHER CAUSES OF ACTION.—Nothing in this Act, including the provisions of subsection (b), bars a cause of action that a responsible party subject to liability under this Act, or a guarantor, has or would have, by reason of subrogation or otherwise, against any person. President of U.S. SEC. 1011. CONSULTATION ON REMOVAL ACTIONS. State and local governments. The President shall consult with the affected trustees designated 33 u s e 2711. under section 1006 on the appropriate removal action to be taken in connection with any discharge of oil. For the purposes of the Na- tional Contingency Plan, removal with respect to any discharge shall be considered completed when so determined by the President in consultation with the Governor or Governors of the affected States. However, this determination shall not preclude additional removal actions under applicable State law. President of U.S. SEC. 1012. USES OF THE FUND. 33 u s e 2712. (a) USES GENERALLY.—The Fund shall be available to the Presi- dent for— (1) the payment of removal costs, including the costs of mon- itoring removal actions, determined by the President to be consistent with the National Contingency Plan— (A) by Federal authorities; or (B) by a Governor or designated State official under subsection (d); (2) the payment of costs incurred by Federal, State, or Indian tribe trustees in carr3dng out their functions under section 1006 for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replace- ment, or acquisition of the equivalent of damaged resources determined by the President to be consistent with the National Contingency Plan; (3) the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore unit; (4) the payment of claims in accordance with section 1013 for uncompensated removal costs determined by the President to be consistent with the National Contingency Plan or uncompen- sated damages; (5) the pa3anent of Federal administrative, operational, and personnel costs and expenses reasonably necessary for qnd incidental to the implementation, administration, and enforce- ment of this Act (including, but not limited to, sections 1004(dX2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 499 title VII) and subsections (b), (c), (d), (j), and (1) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, with respect to prevention, removal, and enforcement related to oil discharges, provided that— (A) not more than $25,000,000 in each fiscal year shall be Uniformed available to the Secretary for operating expenses incurred services. by the Coast Guard; (B) not more than $30,000,000 each year through the end of fiscal year 1992 shall be available to establish the Na- tional Response System under section 311(j) of the Federal Water Pollution Control Act, £is amended by this Act, including the purchase and prepositioning of oil spill re- moval equipment; and (C) not more than $27,250,000 in each fiscal year shall be available to carry out title VII of this Act. (b) DEFENSE TO LIABIUTY FOR FUND.—The Fund shall not be available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or damages are caused by the gross negligence or willful misconduct of that claimant. (c) OBUGATION OF FUND BY FEDERAL OFFICIALS.—The President may promulgate regulations designating one or more Federal offi- cials who may obligate money in accordance with subsection (a). (d) ACCESS TO FUND BY STATE OFFICIALS.— (1) IMMEDIATE REMOVAL.—In accordance with regulations promulgated under this section, the President, upon the request of the Governor of a State or pursuant to an agreement with a State under parsigraph (2), may obligate the Fund for payment in an amount not to exceed $250,000 for removal costs consist- ent with the National Contingency Plan required for the imme- diate removal of a discharge, or the mitigation or prevention of a substantial threat of a discharge, of oil. (2) AGREEMENTS.— (A) IN GENERAL.—The President shall enter into an agree- ment with the Governor of any interested State to establish procedures under which the Governor or a designated State official may receive payments from the Fund for removal costs pursuant to paragraph (1). (B) TERMS.—Agreements under this paragraph— (i) may include such terms and conditions as may be agreed upon by the President and the Governor of a State; (ii) shall provide for political subdivisions of the State to receive payments for reasonable removal costs; and (iii) may authorize advance payments from the Fund to facilitate removal efforts. (e) REGULATIONS.—The President shall— (1) not later than 6 months after the date of the enactment of this Act, publish proposed regulations detailing the manner in which the authority to obligate the Fund and to enter into agreements under this subsection shall be exercised; and (2) not later than 3 months after the close of the comment period for such proposed regulations, promulgate final regula- tions for that purpose. (f) RIGHTS OF SUBROGATION.—Pa5mient of any claim or obligation by the Fund under this Act shall be subject to the United States
104 STAT. 500 PUBLIC LAW 101-380—AUG. 18, 1990 Government acquiring by subrogation all rights of the claimant or State to recover from the responsible party. (g) AUDITS.—The Comptroller General shall audit all payments, obligations, reimbursements, and other uses of the Fund, to assure that the Fund is being properly administered and that claims are Reports. being appropriately and expeditiously considered. The Comptroller General shall submit to the Congress an interim report one year after the date of the enactment of this Act. The Comptroller General shall thereafter audit the Fund as is appropriate. Each Federal agency shall cooperate with the Comptroller General in carrying out this subsection. (h) PERIOD OF LIMITATIONS FOR CLAIMS.— (1) REMOVAL COSTS.—No claim may be presented under this title for recovery of removal costs for an incident unless the claim is presented within 6 years after the date of completion of all removal actions for that incident. (2) DAMAGES.—No claim may be presented under this section for recovery of damages unless the claim is presented within 3 years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care, or in the case of natural resource damages under section 1002(b)(2)(A), if later, the date of completion of the natural resources damage assessment under section 1006(e). (3) MINORS AND INCOMPETENTS.—The time limitations con- tained in this subsection shall not begin to run— (A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for the minor, or (B) against an incompetent person until the earlier of the date on which such incompetent's incompetency ends or the date on which a legal representative is duly appointed for the incompetent. (i) LIMITATION ON PAYMENT FOR SAME COSTS.—In any case in which the President has paid an amount from the Fund for any removal costs or damages specified under subsection (a), no other claim may be paid from the Fund for the same removal costs or damages. 0) OBLIGATION IN ACCORDANCE WITH PLAN.— (1) I N GENERAL.—Except as provided in paragraph (2), amounts may be obligated from the Fund for the restoration, rehabilitation, replacement, or acquisition of natural resources only in accordance with a plan adopted under section 1006(c). (2) EXCEPTION.—Paragraph (1) shall not apply in a situation requiring action to avoid irreversible loss of natural resources or to prevent or reduce any continuing danger to natural re- sources or similar need for emergency action. (k) PREFERENCE FOR PRIVATE PERSONS IN AREA AFFECTED BY DIS- CHARGE.— (1) IN GENERAL.—In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construc- tion, and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be given, to the extent feasible and practicable, to private persons residing or doing business primarily in the area affected by the discharge of oil. (2) LIMITATION.—This subsection shall not be considered to restrict the use of Department of Defense resources.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 501 SEC. 1013. CLAIMS PROCEDURE. 33 u s e 2713. (a) PRESENTATION.—Except £is provided in subsection (b), all claims for removal costs or damages shall be presented first to the respon- sible party or guarantor of the source designated under section 1014(a). (b) PRESENTATION TO FUND.— (1) I N GENERAL.—Claims for removal costs or damages may be presented first to the Fund— (A) if the President has advertised or otherwise notified claimants in accordance with section 1014(c); (B) by a responsible party who may assert a claim under section 1008; (C) by the Governor of a State for removal costs incurred by that State; or (D) by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 1012(a). (2) LIMITATION ON PRESENTING CLAIM.—No claim of a person gigainst the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim. (c) ELECTION.—If a claim is presented in accordance with subsec- tion (a) and— (1) each person to whom the claim is presented denies all liability for the claim, or (2) the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to section 1014(b), which- ever is later, the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund. (d) UNCOMPENSATED DAMAGES.—If a claim is presented in accord- ance with this section and full and adequate compensation is un- available, a claim for the uncompensated damages and removal costs may be presented to the Fund. (e) PROCEDURE FOR CLAIMS AGAINST FUND.—The President shall President of U.S. promulgate, and may from time to time amend, regulations for the Regulations. presentation, filing, processing, settlement, and adjudication of claims under this Act sigainst the Fund. SEC. 1014. DESIGNATION OF SOURCE AND ADVERTISEMENT. President of U.S. 33 u s e 2714. (a) DESIGNATION OF SOURCE AND NOTIFICATION.—When the Presi- dent receives information of an incident, the President shall, where possible and appropriate, designate the source or sources of the discharge or threat. If a designated source is a vessel or a facility, the President shall immediately notify the responsible party and the guarantor, if known, of that designation. (b) ADVERTISEMENT BY RESPONSIBLE PARTY OR GUARANTOR.—If a responsible party or guarantor fails to inform the President, within 5 days after receiving notification of a designation under subsection (a), of the party's or the guarantor's denial of the designation, such party or guarantor shall advertise the designation and the proce- dures by which claims may be presented, in accordance with regula- tions promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under subsection (a). If advertisement is not otherwise made in accordance with this subsection, the President
104 STAT. 502 PUBLIC LAW 101-380—AUG. 18, 1990 shall promptly and at the expense of the responsible party or the guarantor involved, advertise the designation and the procedures by which claims may be presented to the responsible party or guaran- tor. Advertisement under this subsection shall continue for a period of no less than 30 days, (c) ADVERTISEMENT BY PRESIDENT.—If^ (1) the responsible party and the guarantor both deny a designation within 5 days after receiving notification of a des- ignation under subsection (a), (2) the source of the discharge or threat was a public vessel, or (3) the President is unable to designate the source or sources of the discharge or threat under subsection (a), the President shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the Fund. 33 u s e 2715. SEC. 1015. SUBROGATION. (a) I N GENERAL.—Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law. (b) ACTIONS ON BEHALF OF FUND.—At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney's fees. Such an action may be commenced against any responsible party or (subject to section 1016) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit. 33 u s e 2716. SEC. 1016. FINANCIAL RESPONSIBILITY. (a) REQUIREMENT.—The responsible party for— (1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States; or (2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which, in the case of a tank vessel, the responsible party could be subject under section 1004 (a)(1) or (d) of this Act, or to which, in the case of any other vessel, the responsible party could be subjected under section 1004 (a)(2) or (d), in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial respon- sibility need be established only to meet the amount of the maxi- mum liability applicable to the vessel having the greatest maximum liability. Ot)) SANCTIONS.—
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 503 (1) WITHHOLDING CLEARANCE.—The Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes of the United States of any vessel subject to this section that does not have the evidence of finan- cial responsibility required for the vessel under this section. (2) DENYING ENTRY TO OR DETAINING VESSELS.—The Secretary may— (A) deny entry to any vessel to any place in the United States, or to the navigable waters, or (B) detain at the place, any vessel that, upon request, does not produce the evidence of financial responsibility required for the vessel under this sec- tion. (3) SEIZURE OF VESSEL.—Any vessel subject to the require- ments of this section which is found in the navigable waters without the necessary evidence of financial responsibility for the vessel shall be subject to seizure by and forfeiture to the United States. (c) OFFSHORE FACILITIES.— (1) IN GENERAL.—Except as provided in paragraph (2), each responsible party with respect to an offshore facility shall estab- lish and maintain evidence of financial responsibility of $150,000,000 to meet the amount of liability to which the responsible party could be subjected under section 1004(a) in a case in which the responsible party would be entitled to limit liability under that section. In a case in which a person is the responsible party for more than one facility subject to this subsection, evidence of financial responsibility need be estab- lished only to meet the maximum liability applicable to the facility having the greatest maximum liability. (2) DEEPWATER PORTS.—Each responsible party with respect to a deepwater port shall establish and maintain evidence of finan- cial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 1004(a) of this Act in a case where the responsible party would be entitled to limit liability under that section. If the Secretary exercises the authority under section 1004(d)(2) to lower the limit of liability for deepwater ports, the responsible party shall establish and maintain evidence of financial respon- sibility sufficient to meet the maximum amount of liability so established. In a case in which a person is the responsible party for more than one deepwater port, evidence of financial respon- sibility need be established only to meet the maximum liability applicable to the deepwater port having the greatest maximum liability. (e) METHODS OF FINANCIAL RESPONSIBILITY.—Financial responsibil- ity under this section may be established by any one, or by any combination, of the following methods which the Secretary (in the case of a vessel) or the President (in the case of a facility) determines to be acceptable: evidence of insurance, surety bond, guarantee, letter of credit, qualification as a self-insurer, or other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. In promul- gating requirements under this section, the Secretary or the Presi- dent, as appropriate, may specify policy or other contractual terms, conditions, or defenses which are necessary, or which are unaccept-
104 STAT. 504 PUBLIC LAW 101-380—AUG. 18, 1990 able, in establishing evidence of financial responsibility to effectuate the purposes of this Act. (f) CLAIMS AGAINST GUARANTOR.—Any claim for which liability may be established under section 1002 may be asserted directly against any guarantor providing evidence of financial responsibility for a responsible party liable under that section for removal costs and damages to which the claim pertains. In defending against such a claim, the guarantor may invoke (1) all rights and defenses which would be available to the responsible party under this Act, (2) any defense authorized under subsection (e), and (3) the defense that the incident was caused by the willful misconduct of the responsible party. The guarantor may not invoke any other defense that might be available in proceedings brought by the responsible party against the guarantor. (g) LIMITATION ON GUARANTOR'S LIABIUTY.—Nothing in this Act shall impose liability with respect to an incident on any guarantor for damages or removal costs which exceed, in the aggregate, the amount of financial responsibility required under this Act which that guarantor has provided for a responsible party. (h) CONTINUATION OF REGULATIONS.—Any regulation relating to financial responsibility, which has been issued pursuant to any provision of law repealed or superseded by this Act, and which is in effect on the date immediately preceding the effective date of this Act, is deemed and shall be construed to be a regulation issued pursuant to this section. Such a regulation shall remain in full force and effect unless and until superseded by a new regulation issued under this section. (i) UNIFIED CERTIFICATE.—The Secretary may issue a single uni- fied certificate of financial responsibility for purposes of this Act and any other law. 33 u s e 2717. SEC. 1017. LITIGATION, JURISDICTION, AND VENUE. (a) REVIEW OF REGULATIONS.—Review of any regulation promul- gated under this Act may be had upon application by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Any such application shall be made within 90 days from the date of promulgation of such regulations. Any matter with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or to obtain damages or recov- ery of response costs. OJ) JURISDICTION.—Except as provided in subsections (a) and (c), the United States district courts shall have exclusive original juris- diction over all controversies arising under this Act, without regard to the citizenship of the parties or the amount in controversy. Venue shall lie in any district in which the discharge or injury or damages occurred, or in which the defendant resides, may be found, has its principal office, or has appointed an agent for service of process. For the purposes of this section, the Fund shall reside in the District of Columbia. (c) STATE COURT JURISDICTION.—A State trial court of competent jurisdiction over claims for removal costs or damages, as defined under this Act, may consider claims under this Act or State law and any final judgment of such court (when no longer subject to ordinary forms of review) shall be recognized, valid, and enforceable for all purposes of this Act.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 505 (d) ASSESSMENT AND COLXBCTION OF TAX.—The provisions of subsections (a), (b), and (c) shall not apply to any controversy or other matter resulting from the assessment or collection of any tax, or to the review of any regulation promulgated under the Internal Revenue Code of 1986. (e) SAVINGS PROVISION.—Nothing in this title shall apply to any cause of action or right of recovery arising from any incident which occurred prior to the date of enactment of this title. Such claims shall be adjudicated pursuant to the law applicable on the date of the incident. (f) PERIOD OF LIMITATIONS.— (1) DAMAGES.—Except as provided in paragraphs (3) and (4), an action for damages under this Act shall be barred unless the action is brought within 3 years after— (A) the date on which the loss and the connection of the loss with the discharge in question are reasonably discover- able with the exercise of due care, or (B) in the case of natural resource damages under section 1002(b)(2)(A), the date of completion of the natural re- sources damage assessment under section 1006(c). (2) REMOVAL COSTS.—An action for recovery of removal costs referred to in section 1002(b)(1) must be commenced within 3 years after completion of the removal action. In any such action described in this subsection, the court shall enter a declaratory judgment on liability for removal costs or damages that will be binding on any subsequent action or actions to recover further removal costs or damages. Except as otherwise provided in this paragraph, an action may be commenced under this title for recovery of removal costs at any time after such costs have been incurred. (3) CONTRIBUTION.—No action for contribution for any re- moval costs or damages may be commenced more than 3 years after— (A) the date of judgment in any action under this Act for recovery of such costs or damages, or (B) the date of entry of a judicially approved settlement with respect to such costs or damages. (4) SUBROGATION.—No action based on rights subrogated pursuant to this Act by reason of payment of a claim may be commenced under this Act more than 3 years after the date of pajnnent of such claim. (5) COMMENCEMENT.—The time limitations contained herein shall not begin to run— (A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for such minor, or (B) against an incompetent person until the earlier of the date on which such incompetent's incompetency ends or the date on which a legal representative is duly appointed for such incompetent. SEC. 1018. RELATIONSHIP TO OTHER LAW. 33 USC 2718. (a) PRESERVATION OF STATE AUTHORITIES; SOLID WASTE DISPOSAL ACT.—Nothing in this Act or the Act of March 3, 1851 shall— (1) affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof from
104 STAT. 506 PUBLIC LAW 101-380—AUG. 18, 1990 imposing any additional liability or requirements with respect to— (A) the discharge of oil or other pollution by oil within such State; or (B) any removal activities in connection with such a discharge; or (2) affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law. (b) PRESERVATION OF STATE FUNDS.—Nothing in this Act or in section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall in any way affect, or be construed to affect, the authority of any State— (1) to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or (2) to require any person to contribute to such a fund. (c) ADDITIONAL REQUIREMENTS AND LIABIUTIES; PENALTIES.—Noth- ing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et seq.), or section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509), shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof^ (1) to impose additional liability or additional requirements; or (2) to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law; relating to the discharge, or substantial threat of a discharge, of oil. (d) FEDERAL EMPLOYEE LIABIUTY.—For purposes of section 2679(b)(2XB) of title 28, United States Code, nothing in this Act shall be construed to authorize or create a cause of action against a Federal officer or employee in the officer's or employee's personal or individual capacity for any act or omission while acting within the scope of the officer's or employee's office or employment. 33 u s e 2719. SEC. 1019. STATE FINANCIAL RESPONSIBILITY. A State may enforce, on the navigable waters of the State, the requirements for evidence of financial responsibility under section 1016. 33 u s e 2701 SEC. 1020. APPLICATION. This Act shall apply to an incident occurring after the date of the enactment of this Act. TITLE II—CONFORMING AMENDMENTS SEC. 2001. INTERVENTION ON THE HIGH SEAS ACT. Section 17 of the Intervention on the High Seas Act (33 U.S.C. 1486) is amended to read as follows: "SEC. 17. The Oil Spill Liability Trust Fund shall be available to the Secretary for actions taken under sections 5 and 7 of this Act."
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 507 SEC. 2002. FEDERAL WATER POLLUTION CONTROL ACT. 33 USC 1321 (a) APPUCATION.—Subsections (f), (g), (h), and (i) of section 311 of "° the Federal Water Pollution Control Act (33 U.S.C. 1321) shall not apply with respect to any incident for which liability is established under section 1002 of this Act. (b) CONFORMING AMENDMENTS.—Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended as follows: (1) Subsection (i) is amended by striking "(1)" after "(i)" and by striking paragraphs (2) and (3). (2) Subsection (k) is repealed. Any amounts remaining in the 33 u s e 1321 revolving fund established under that subsection shall be depos- note. ited in the Fund. The Fund shall assume all liability incurred by the revolving fund established under that subsection. (3) Subsection (1) is amended by striking the second sentence. (4) Subsection (p) is repealed. (5) The following is added at the end thereof: "(s) The Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall be available to carry out subsections (b), (c), (d), (j), and (1) as those subsections apply to discharges, and substantial threats of dis- charges, of oil. Any amounts received by the United States under this section shall be deposited in the Oil Spill Liability Trust Fund.". SEC. 2003. DEEPWATER PORT ACT. (a) CONFORMING AMENDMENTS.—The Deepwater Port Act of 1974 (33 U.S.C. 1502 et seq.) is amended— (1) in section 4(c)(1) by striking "section 18(1) of this Act;" and 33 USC 1503. inserting "section 1016 of the Oil Pollution Act of 1990"; and (2) by striking section 18. 33 use 1517. (b) AMOUNTS REMAINING IN DEEPWATER PORT FUND.—Any 26 use 9509 amounts remaining in the Deepwater Port Liability Fund estab- note. lished under section 18(f) of the Deepwater Port Act of 1974 (33 U.S.C. 1517(f)) shall be deposited in the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability incurred by the Deepwater Port Liability Fund. SEC. 2004. OUTER CONTINENTAL SHELF LANDS ACT AMENDMENTS OF Repeal. 1978. Title III of the Outer Continental Shelf Lands Act Amendments of 26 u s e 9509 1978 (43 U.S.C. 1811-1824) is repealed. Any amounts remaining in note. the Offshore Oil Pollution Compensation Fund established under section 302 of that title (43 U.S.C. 1812) shall be deposited in the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability incurred by the Offshore Oil Pollution Compensation Fund. TITLE III—INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL SEC. 3001. SENSE OF CONGRESS REGARDING PARTICIPATION IN INTER- NATIONAL REGIME. It is the sense of the Congress that it is in the best interests of the United States to participate in an international oil pollution liabil-
104 STAT. 508 PUBLIC LAW 101-380—AUG. 18, 1990 ity and compensation regime that is at least as effective as Federal and State laws in preventing incidents and in guaranteeing full and prompt compensation for damages resulting from incidents. SEC. 3002. UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERA- TION. (a) REVIEW.—The Secretary of State shall review relevant inter- national agreements and treaties with the Government of Canada, including the Great Lakes Water Quality Agreement, to determine whether amendments or additional international agreements are necessary to— (1) prevent discharges of oil on the Great Lakes; (2) ensure an immediate and effective removal of oil on the Great Lakes; and (3) fully compensate those who are injured by a discharge of oil on the Great Lakes. (b) CONSULTATION.—In carrying out this section, the Secretary of State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and At- mospheric Administration, the Great Lakes States, the Inter- national Joint Commission, and other appropriate agencies. (c) REPORT.—The Secretary of State shall submit a report to the Congress on the results of the review under this section within 6 months after the date of the enactment of this Act. SEC. 3003. UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL CO- OPERATION. (a) REVIEW.—The Secretary of State shall review relevant inter- national agreements and treaties with the Government of Canada, to determine whether amendments or additional international agreements are necessary to— (1) prevent discharges of oil on Lake Champlain; (2) ensure an immediate and effective removal of oil on Lake Champlain; and (3) fully compensate those who are injured by a discharge of oil on Lake Champlain. Vermont. (b) CONSULTATION.—In carrying out this section, the Secretary of New York. State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and At- mospheric Administration, the States of Vermont and New York, the International Joint Commission, and other appropriate agencies, (c) REPORT.—The Secretary of State shall submit a report to the Congress on the results of the review under this section within 6 months after the date of the enactment of this Act. SEC. 3004. INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL. The President shall encourage appropriate international organiza- tions to establish an international inventory of spill removal equip- ment and personnel. SEC. 3005. NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGETSOUND. Congress urges the Secretary of State to enter into negotiations with the Government of Canada to ensure that tugboat escorts are required for all tank vessels with a capacity over 40,000 deadweight tons in the Strait of Juan de Fuca and in Haro Strait.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 509 TITLE IV—PREVENTION AND REMOVAL Subtitle A—Prevention SEC. 4101. REVIEW OF ALCOHOL AND DRUG ABUSE AND OTHER MATTERS IN ISSUING LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS. (a) LICENSES AND CERTIFICATES OF REGISTRY.—Section 7101 of title 46, United States Code, is amended by adding at the end the following: "(g) The Secretary may not issue a license or certificate of registry under this section unless an individual applying for the license or certificate makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual. "(h) The Secretary may review the criminal record of an individ- ual who applies for a license or certificate of registry under this section. "(i) The Secretary shall require the testing of an individual who applies for issuance or renewal of a license or certificate of registry under this chapter for use of a dangerous drug in violation of law or Federal regulation.". (b) MERCHANT MARINERS' DOCUMENTS.—Section 7302 of title 46, United States Code, is amended by adding at the end the following: "(c) The Secretary may not issue a merchant mariner's document under this chapter unless the individual applying for the document makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual. "(d) The Secretary may review the criminal record of an individ- ual who applies for a merchant mariner's document under this section. "(e) The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner's document under this chapter for the use of a dangerous drug in violation of law or Federal regulation.". SEC. 4102. TERM OF LICENSES, CERTIFICATES OF REGISTRY, AND MER- CHANT MARINERS' DOCUMENTS; CRIMINAL RECORD RE- VIEWS IN RENEWALS. (a) LICENSES.—Section 7106 of title 46, United States Code, is amended by inserting "and may be renewed for additional 5-year periods" after "is valid for 5 years". (b) CERTIFICATES OF REGISTRY.—Section 7107 of title 46, United States Code, is amended by striking "is not limited in duration." and inserting "is valid for 5 years and may be renewed for additional 5- year periods.". (c) MERCHANT MARINERS' DOCUMENTS.—Section 7302 of title 46, United States Code, is amended by adding at the end the following: "(f) A merchant mariner's document issued under this chapter is valid for 5 years and may be renewed for additional 5-year periods.".
104 STAT. 510 PUBLIC LAW 101-380—AUG. 18, 1990 46 u s e 7106 (d) TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCU- "°*®- MENTS.—A license, certificate of registry, or merchant mariner's document issued before the date of the enactment of this section terminates on the day it would have expired if— (1) subsections (a), (b), and (c) were in effect on the date it was issued; and (2) it was renewed at the end of each 5-year period under section 7106, 7107, or 7302 of title 46, United States Code. (e) CRIMINAL RECORD REVIEW IN RENEWALS OF LICENSES AND CERTIFICATES OF REGISTRY.— (1) IN GENERAL.—Section 7109 of title 46, United States Code, is amended to read as follows: "§ 7109. Review of criminal records "The Secretary may review the criminal record of each holder of a license or certificate of registry issued under this part who applies for renewal of that license or certificate of registry. . (2) CLERICAL AMENDMENT.—The analysis for chapter 71 of title 46, United States Code, is amended by striking the item relating to section 7109 and inserting the following: "7109. Review of criminal records.". SEC. 4103. SUSPENSION AND REVOCATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS'DOCUMENTS FOR ALCOHOL AND DRUG ABUSE. (a) AVAILABIUTY OF INFORMATION IN NATIONAL DRIVER REG- ISTER.— (1) IN GENERAL.—Section 7702 of title 46, United States Code, is amended by adding at the end the following: "(c)(1) The Secretary shall request a holder of a license, certificate of registry, or merchant mariner's document to make available to the Secretary, under section 206(b)(4) of the National Driver Reg- ister Act of 1982 (23 U.S.C. 401 note), all information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual. "(2) The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner's document for use of alcohol and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, reasonable cause, and post accident testing. "(d)(1) The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariner's document held by an individual if, when acting under the authority of that license, certificate, or document— "(A) that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and "(B) there is probable cause to believe that the individual— "(i) has performed the safety sensitive function in viola- tion of law or Federal regulation regarding use of alcohol or a dangerous drug; "(ii) has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or docu- ment; or "(iii) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 511 described in section 205(a)(3) (A) or (B) of the National Driver Register Act of 1982. "(2) If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspen- sion.". (2) DEFINITION OF DANGEROUS DRUG.—(A) Section 2101 of title 46, United States Code, is amended by inserting after paragraph (8) the following new paragraph: "(8a) 'dangerous drug' means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in sec- tion 102 of the Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).". (B) Sections 7503(a) and 7704(a) of title 46, United States Code, are repealed. (b) BASES FOR SUSPENSION OR REVOCATION.—Section 7703 of title 46, United States Code, is amended to read as follows: "§ 7703. Bases for suspension or revocation "A license, certificate of registry, or merchant mariner's docu- ment issued by the Secretary may be suspended or revoked if the holder— "(1) when acting under the authority of that license, certifi- cate, or document— "(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or "(B) has committed an act of incompetence, misconduct, or negligence; "(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner's document; or "(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 205(a)(3) (A) or (B) of the National Driver Register Act of 1982 (23 U.S.C. 401 note).". (c) TERMINATION OF REVOCATION.—Section 7701(c) of title 46, United States Code, is amended to read as follows: "(c) When a license, certificate of registry, or merchant mariner's document has been revoked under this chapter, the former holder may be issued a new license, certificate of registry, or merchant mariner's document only after— "(1) the Secretary decides, under regulations prescribed by Regulations. the Secretary, that the issuance is compatible with the require- ment of good discipline and safety at sea; and "(2) the former holder provides satisfactory proof that the bases for revocation are no longer valid.". SEC. 4104. REMOVAL OF MASTER OR INDIVIDUAL IN CHARGE. Section 8101 of title 46, United States Code, is amended by adding at the end the following: "(i) When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, 39-194 O - 91 - 18 : QL 3 Part 1
104 STAT. 512 PUBLIC LAW 101-380—AUG. 18, 1990 mate, or operator licensed under section 7101(c) (1) or (3) of this title shall— "(1) temporarily relieve the master or individual in charge; "(2) temporarily take command of the vessel; "(3) in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and "(4) report those details to the Secretary— "(A) by the most expeditious means available; and "(B) in written form transmitted within 12 hours after the vessel arrives at its next port.". SEC. 4105. ACCESS TO NATIONAL DRIVER REGISTER. (a) ACCESS TO REGISTER.—Section 206(b) of the National Driver Register Act of 1982 (23 U.S.C. 401 note) is amended— (1) by redesignating the second paragraph (5) (as added to the end of that section by section 4(bXl) of the Rail Safety Improve- ment Act of 1988) as paragraph (6); and (2) by adding at the end the following: "(7XA) Any individual who holds or who has applied for a license or certificate of registry under section 7101 of title 46, United States Code, or a merchant mariner's document under section 7302 of title 46, United States Code, may request the chief driver licensing official of a State to transmit to the Secretary of the department in which the Coast Guard is operating in accordance with subsection (a) information regarding the motor vehicle driving record of the individual. "(B) The Secretary— "(i) may receive information transmitted by the chief driver licensing official of a State pursuant to a request under subpara- graph (A); "(ii) shall make the information available to the individual for review and written comment before denjdng, suspending, or revoking the license, certificate of registry, or merchant mari- ner's document of the individual based on that information and before using that information in any action taken under chap- ter 77 of title 46, United States Code; and "(iii) may not otherwise divulge or use that information, except for the purposes of section 7101, 7302, or 7703 of title 46, United States Code. "(C) Information regarding the motor vehicle driving record of an individual may not be trsinsmitted to the Secretary under this paragraph if the information was entered in the Register more than 3 years before the date of the request for the information, unless the information relates to revocations or suspensions that are still in effect on the date of the request. Information submitted to the Register by States under the Act of July 14, 1960 (74 Stat. 526), or under this title shall be subject to access for the purpose of this paragraph during the transition to the Register described under section 203(c) of this title.". (b) CONFORMING AMENDMENTS.— (1) REVIEW OF INFORMATION RECEIVED FROM REGISTER.—Chap- ter 75 of title 46, United States Code, is amended by adding at the end the following:
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 513 "§ 7505. Review of information in National Driver Register "The Secretary shall make information received from the Na- tional Driver Register under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note) available to an individual for review and written comment before denying, suspending, revok- ing, or taking any other action relating to a license, certificate of registry, or merchant mariner's document authorized to be issued for that individual under this part, based on that information.". (2) PENALTY FOR NEGUGENT OPERATION OF VESSEL.—Section 2302(c) of title 46, United States Code, is amended by striking "intoxicated" and inserting "under the influence of alcohol, or a dangerous drug in violation of a law of the United States", (c) CLERICAL AMENDMENT.—The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following: "7505. Review of information in National Driver Register.". SEC. 4106. MANNING STANDARDS FOR FOREIGN TANK VESSELS. (a) STANDARDS FOR FOREIGN TANK VESSELS.—Section 9101(a) of title 46, United States Code, is amended to read £is follows: "(a)(1) The Secretary shall evaluate the manning, training, quali- fication, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies— "(A) on a periodic basis; and "(B) when the vessel is involved in a marine casualty required to be reported under section 6101(a) (4) or (5) of this title. "(2) After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether— "(A) the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and "(B) those standards are being enforced. "(3) If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equiva- lent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued docu- mentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced. "(4) The Secretary may allow provisional entry of a vessel prohib- ited from entering the United States under paragraph (3) of this subsection if— "(A) the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or "(B) the entry is necessary for the safety of the vessel or individuals on the vessel.". (b) REPORTING MARINE CASUALTIES.— (1) REPORTING REQUIREMENT.—Section 6101(a) of title 46, United States Code, is amended by adding at the end the following: "(5) significant harm to the environment.". (2) APPUCATION TO FOREIGN VESSELS.—Section 6101(d) of title 46, United States Code, is amended— (A) by inserting "(1)" before "This part"; and
104 STAT. 514 PUBLIC LAW 101-380—AUG. 18, 1990 (B) by adding at the end the following: "(2) This part applies, to the extent consistent with generally recognized principles of international law, to a foreign vessel con- structed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue involved in a marine casualty described under subsec- tion (a) (4) or (5) in waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone.". (c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 9(a) of the Ports and Waterways Safety Act (33 U.S.C. 1228(a)) is amended— (1) in the matter preceding paragraph (1), by striking "section 4417a of the Revised Statutes, as amended," and inserting "chapter 37 of title 46, United States Code,"; (2) in paragraph (2), by striking "section 4417a of the Revised Statutes, as amended," and inserting "chapter 37 of title 46, United States Code,"; and (3) in paragraph (5), by striking "section 4417a(ll) of the Revised Statutes, as amended," and inserting "section 9101 of title 46, United States Code,". SEC. 4107. VESSEL TRAFFIC SERVICE SYSTEMS. (a) I N GENERAL.—Section 4(a) of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)) is amended— (1) by striking "Secretary may—" and inserting "Secre- ary—"; (2) in paragraph (1) by striking "establish, operate, and main- tain" and inserting "may construct, operate, maintain, improve, or expand"; (3) in paragraph (2) by striking "require" and inserting "shall require appropriate"; (4) in paragraph (3) by inserting "may" before "require"; (5) in paragraph (4) by inserting "may" before "control"; and (6) in paragraph (5) by inserting "may" before "require". (b) DIRECTION OF VESSEL MOVEMENT.— (1) STUDY.—The Secretary shall conduct a study— (A) of whether the Secretary should be given additional authority to direct the movement of vessels on navigable waters and should exercise such authority; and (B) to determine and prioritize the United States ports and channels that are in need of new, expanded, or im- proved vessel traffic service systems, by evaluating— (i) the nature, volume, and frequency of vessel traffic; (ii) the risks of collisions, spills, and damages associ- ated with that traffic; (iii) the impact of installation, expansion, or improve- ment of a vessel traffic service system; and (iv) all other relevant costs and data. (2) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Con- gress a report on the results of the study conducted under paragraph (1) and recommendations for implementing the re- sults of that study. SEC. 4108. GREAT LAKES PILOTAGE. (a) INDIVIDUALS W H O MAY SERVE AS PILOT ON UNDESIGNATED GREAT LAKE WATERS.—Section 9302(b) of title 46, United States Code, is amended to read as follows:
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 515 "(b) A member of the complement of a vessel of the United States operating on register or of a vessel of Canada may serve as the pilot required on waters not designated by the President if the member is licensed under section 7101 of this title, or under equivalent provi- sions of Canadian law, to direct the navigation of the vessel on the waters being navigated.". OJ) PENALTIES.—Section 9308 of title 46, United States Code, is amended in each of subsections (a), Q3), and (c) by striking "$500" and inserting "no more than $10,000". SEC. 4109. PERIODIC GAUGING OF PLATING THICKNESS OF COMMERCIAL 46 u s e 3703 VESSELS. note. Not later than 1 year after the date of the enactment of this Act, Regulations, the Secretary shall issue regulations for vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue— (1) establishing minimum standards for plating thickness; and (2) requiring, consistent with generally recognized principles of international law, periodic gauging of the plating thickness of all such vessels over 30 years old operating on the navigable waters or the waters of the exclusive economic zone. SEC. 4110. OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DE- Regulations. VICES. 46 u s e 3703 note. (a) STANDARDS.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish, by regulation, minimum standards for devices for warning persons of overfills and tank levels of oil in cargo tanks and devices for monitoring the pressure of oil cargo tanks. Ot)) USE.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations establishing, consist- ent with generally recognized principles of international law, requirements concerning the use of— (1) overfill devices, and (2) tank level or pressure monitoring devices, which are referred to in subsection (a) and which meet the standards established by the Secretary under subsection (a), on vessels con- structed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue on the navigable waters and the waters of the exclu- sive economic zone. SEC. 4111. STUDY ON TANKER NAVIGATION SAFETY STANDARDS. 46 u s e 3703 note. (a) I N GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary shall initiate a study to determine whether existing laws and regulations are adequate to ensure the safe navigation of vessels transporting oil or hazardous substances in bulk on the navigable waters and the waters of the exclusive economic zone. O3) CONTENT.—In conducting the study required under subsection (a), the Secretary shall— (1) determine appropriate crew sizes on tankers; (2) evaluate the adequacy of qualifications and training of crewmembers on tankers; (3) evaluate the ability of crewmembers on tankers to take emergency actions to prevent or remove a discharge of oil or a hazardous substance from their tankers;
104 STAT. 516 PUBLIC LAW 101-380—AUG. 18, 1990 (4) evaluate the adequacy of navigation equipment and sys- tems on tankers (including sonar, electronic chart display, and satellite technology); (5) evaluate and test electronic means of position-reporting and identification on tankers, consider the minimum standar(te suitable for equipment for that purpose, and determine whether to require that equipment on tankers; (6) evaluate the adequacy of navigation procedures under different operating conditions, including such variables as speed, daylight, ice, tides, weather, and other conditions; (7) evaluate whether areas of navigable waters and the exclu- sive economic zone should be designated as zones where the movement of tankers should be limited or prohibited; (8) evaluate whether inspection standards are adequate; (9) review and incorporate the results of past studies, includ- ing studies conducted by the Coast Guard and the Office of Technology Assessment; (10) evaluate the use of computer simulator courses for train- ing bridge officers and pilote of vessels transporting oil or hazardous substances on the navigable waters and waters of the exclusive economic zone, and determine the feasibility and practicality of mandating such training; (11) evaluate the size, cargo capacity, and flag nation of tankers transporting oil or hazardous substances on the navi- gable waters and the waters of the exclusive economic zone— (A) identifying changes occurring over the past 20 years in such size and cargo capacity and in vessel navigation and technology; and (B) evaluating the extent to which the risks or difficulties eissociated with tanker navigation, vessel traffic control, accidents, oil spills, and the containment and cleanup of such spills are influenced by or related to an increase in tanker size and cargo capacity; and (12) evaluate and test a program of remote alcohol testing for masters and pilots aboard tankers carrying significant quan- tities of oil. (c) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Congress a report on the results of the study conducted under subsection (a), including recommendations for implementing the results of that study. SEC. 4112. DREDGE MODIFICATION STUDY. (a) STUDY.—The Secretary of the Army shall conduct a study and demonstration to determine the feasibility of modif3dng dredges to make them usable in removing discharges of oil and hazardous substances. (b) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall submit to the Congress a report on the results of the study conducted under subsection (a) and recommendations for implementing the results of that study. President of U.S. SEC. 4113. USE OF LINERS. (a) STUDY.—The President shall conduct a study to determine whether liners or other secondary means of containment should be used to prevent leaking or to aid in leak detection at onshore facilities used for the bulk storage of oil and located near navigable waters.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 517 (b) REPORT.—Not later than 1 year after the date of enactment of this Act, the President shall submit to the Congress a report on the results of the study conducted under subsection (a) and rec- ommendations to implement the results of the study. (c) IMPLEMENTATION.—Not later than 6 months after the date the report required under subsection (b) is submitted to the Congress, the President shall implement the recommendations contained in the report. SEC. 4114. TANK VESSEL MANNING. 46 USC 3703 (a) RULEMAKING.—In order to protect life, property, and the environment, the Secretary shall initiate a rulemaking proceeding within 180 days after the date of the enactment of this Act to define the conditions under, and designate the waters upon, which tank vessels subject to section 3703 of title 46, United States Code, may operate in the navigable waters with the auto-pilot engaged or with an unattended engine room. Ot)) WATCHES.—Section 8104 of title 46, United States Code, is amended by adding at the end the following new subsection: "(n) On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period, except in an emergency or a drill. In this subsection, 'work' includes any administrative duties associated with the vessel whether performed on board the vessel or onshore.". (c) MANNING REQUIREMENT.—Section 8101(a) of title 46, United States Code, is amended— (1) by striking "and" at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting "; and"; and (3) by adding at the end the following new paragraph: "(3) a tank vessel shall consider the navigation, cargo han- dling, and maintenance functions of that vessel for protection of life, property, and the environment.". (d) STANDARDS.—Section 9102(a) of title 46, United States Code, is amended^ (1) by striking "and" at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting "; and"; and (3) by adding at the end the following new paragraph: "(8) instruction in vessel maintenance functions.". (e) RECORDS.—Section 7502 of title 46, United States Code, is amended by striking "maintain records" and inserting "maintain computerized records". SEC. 4115. ESTABLISHMENT OF DOUBLE HULL REQUIREMENT FOR TANK VESSELS. (a) DOUBLE HULL REQUIREMENT.—Chapter 37 of title 46, United States Code, is amended by inserting after section 3703 the following new section: "§ 3703a. Tank vessel construction standards "(a) Except as otherwise provided in this section, a vessel to which this chapter applies shall be equipped with a dou^e hull— "(1) if it is constructed or adapted to carry, or carries, oil in bulk as cargo or cargo residue; and
104 STAT. 518 PUBLIC LAW 101-380—AUG. 18, 1990 "(2) when operating on the waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone. "(b) This section does not apply to— "(1) a vessel used only to respond to a discharge of oil or a hazardous substance; "(2) a vessel of less than 5,000 gross tons equipped with a double containment system determined by the Secretary to be as effective as a double hull for the prevention of a discharge of oil; or "(3) before January 1, 2015— "(A) a vessel unloading oil in bulk at a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); or "(B) a delivering vessel that is offloading in lightering activities— "(i) within a lightering zone established under section 3715a))(5) of this title; and "(ii) more than 60 miles from the baseline from which the territorial sea of the United States is meas- ured. "(c)(1) In this subsection, the age of a vessel is determined from the later of the date on which the vessel— "(A) is delivered after original construction; "(B) is delivered after completion of a major conversion; or "(C) had its appraised salvage value determined by the Coast Guard and is qualified for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14). "(2) A vessel of less than 5,000 gross tons for which a building contract or contract for major conversion was placed before June 30, 1990, and that is delivered under that contract before January 1, 1994, and a vessel of less than 5,000 gross tons that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualifies for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14) before January 1, 1994, may not operate in the navigable waters or the Exclusive Economic Zone of the United States after January 1, 2015, unless the vessel is equipped with a double hull or with a double containment system determined by the Secretary to be as effective as a double hull for the prevention of a discharge of oil. "(3) A vessel for which a building contract or contract for major conversion was placed before June 30, 1990, and that is delivered under that contract before January 1,1994, and a vessel that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualifies for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14) before Jgmuary 1, 1994, may not operate in the navigable waters or Exclu- sive Economic Zone of the United States unless equipped with a double hull— "(A) in the case of a vessel of at least 5,000 gross tons but less than 15,000 gross tons— "(i) after January 1, 1995, if the vessel is 40 years old or older and has a single hull, or is 45 years old or older and has a double bottom or double sides; "(ii) after January 1, 1996, if the vessel is 39 years old or older and has a single hull, or is 44 years old or older and has a double bottom or double sides;
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 519 "(iii) after January 1, 1997, if the vessel is 38 years old or older and has a single hull, or is 43 years old or older and h£is a double bottom or double sides; "(iv) after January 1, 1998, if the vessel is 37 years old or older and has a single hull, or is 42 years old or older and has a double bottom or double sides; "(v) after January 1, 1999, if the vessel is 36 years old or older and has a single hull, or is 41 years old or older and has a double bottom or double sides; "(vi) after January 1, 2000, if the vessel is 35 years old or older and has a single hull, or is 40 years old or older and has a double bottom or double sides; and "(vii) after January 1, 2005, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; "(B) in the case of a vessel of at least 15,000 gross tons but less than 30,000 gross tons— "(i) after January 1, 1995, if the vessel is 40 years old or older and has a single hull, or is 45 years old or older and has a double bottom or double sides; "(ii) after January 1, 1996, if the vessel is 38 years old or older and has a single hull, or is 43 years old or older and has a double bottom or double sides; "(iii) after January 1, 1997, if the vessel is 36 years old or older and has a single hull, or is 41 years old or older and has a double bottom or double sides; "(iv) after January 1, 1998, if the vessel is 34 years old or older and has a single hull, or is 39 years old or older and has a double bottom or double sides; "(v) after January 1, 1999, if the vessel is 32 years old or older and has a single hull, or 37 years old or older and has a double bottom or double sides; ' (vi) after January 1, 2000, if the vessel is 30 years old or older and has a single hull, or is 35 years old or older and has a double bottom or double sides; "(vii) after January 1, 2001, if the vessel is 29 years old or older and has a single hull, or is 34 years old or older and has a double bottom or double sides; "(viii) after January 1, 2002, if the vessel is 28 years old or older and has a single hull, or is 33 years old or older and has a double bottom or double sides; "(ix) after January 1, 2003, if the vessel is 27 years old or older and has a single hull, or is 32 years old or older and has a double bottom or double sides; "(x) after January 1, 2004, if the vessel is 26 years old or older and has a single hull, or is 31 years old or older and has a double bottom or double sides; and "(xi) after January 1, 2005, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; and "(C) in the case of a vessel of at least 30,000 gross tons— "(i) after January 1, 1995, if the vessel is 28 years old or older and has a single hull, or 33 years old or older and has a double bottom or double sides; "(ii) after January 1, 1996, if the vessel is 27 years old or older and has a single hull, or is 32 years old or older and has a double bottom or double sides;
104 STAT. 520 PUBLIC LAW 101-380—AUG. 18, 1990 "(iii) after January 1, 1997, if the vessel is 26 years old or older and has a single hull, or is 31 years old or older and has a double bottom or double sides; "(iv) after January 1, 1998, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; "(v) after January 1, 1999, if the vessel is 24 years old or older and has a single hull, or 29 years old or older and has a double bottom or double sides; and "(vi) after January 1, 2000, if the vessel is 23 years old or older and has a single hull, or is 28 years old or older and has a double bottom or double sides. "(4) Except as provided in subsection Qo) of this section— "(A) a vessel that has a single hull may not operate after January 1, 2010; and "(B) a vessel that has a double bottom or double sides may not operate after January 1, 2015.". 46 u s e 3703a (b) RULEMAKING.—The Secretary shall, within 12 months after the note. date of the enactment of this Act, complete a rulemaking proceeding and issue a final rule to require that tank vessels over 5,000 gross tons affected by section 3703a of title 46, United States Code, as added by this section, comply until January 1, 2015, with structural and operational requirements that the Secretary determines will provide as substantial protection to the environment as is economi- cally and technologically feasible. (c) CLERICAL AMENDMENT.—The analysis for chapter 37 of title 46, United States Code, is amended by inserting after the item relating to section 3703 the following: "3703a. Tank vessel construction standards.". (d) LIGHTERING REQUIREMENTS.—Section 3715(a) of title 46, United States Code, is amended— (1) in paragraph (1), by striking "; and" and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting "; and"; and (3) by adding at the end the following: "(3) the delivering and the receiving vessel had on board at the time of transfer, a certificate of financial responsibility as would have been required under section 1016 of the Oil Pollu- tion Act of 1990, had the transfer taken place in a place subject to the jurisdiction of the United States; "(4) the delivering and the receiving vessel had on board at the time of transfer, evidence that each vessel is operating in compliance with section 3110') of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)); and "(5) the delivering and the receiving vessel are operating in compliance with section 3703a of this title.". 46 u s e 3703a (e) SECRETARIAL STUDIES.— note. (1) OTHER REQUIREMENTS.—Not later than 6 months after the Reports. date of enactment of this Act, the Secretary shall determine, based on recommendations from the National Academy of Sci- ences or other qualified organizations, whether other structural and operational tank vessel requirements will provide protec- tion to the marine environment equal to or greater than that provided by double hulls, and shall report to the Congress that determination and recommendations for legislative action.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 521 (2) REVIEW AND ASSESSMENT.—The Secretary shall— (A) periodically review recommendations from the Na- tional Academy of Sciences and other qualified organiza- tions on methods for further increeising the environmental and operational safety of tank vessels; (B) not later than 5 years after the date of enactment of this Act, assess the impact of this section on the safety of the marine environment and the economic viability and operational makeup of the maritime oil transportation in- dustry; and (C) report the results of the review and assessment to the Reports. Congress with recommendations for legislative or other action. (f) VESSEL FINANCING.—Section 1104 of the Merchant Marine Act of 1936 (46 App. U.S.C. 1274) is amended— (1) by striking "SEC. 1104." and inserting "SEC. 1104A."; and (2) by inserting after section 1104A (as redesignated by para- graph (1)) the following: "SEC. 1104B. (a) Notwithstanding the provisions of this title, 46 u s e app. except as provided in subsection (d) of this section, the Secretary, 1274a. upon the terms the Secretary may prescribe, may guarantee or make a commitment to guarantee, payment of the principal of and interest on an obligation which aids in financing and refinancing, including reimbursement to an obligor for expenditures previously made, of a contract for construction or reconstruction of a vessel or vessels owned by citizens of the United States which are designed and to be employed for commercial use in the coastwise or intercoastal trade or in foreign trade as defined in section 905 of this Act if— "(1) the construction or reconstruction by an applicant is made necessary to replace vessels the continued operation of which is denied by virtue of the imposition of a statutorily mandated change in standards for the operation of vessels, and where, as a matter of law, the applicant would otherwise be denied the right to continue operating vessels in the trades in which the applicant operated prior to the taking effect of the statutory or regulatory change; "(2) the applicant is presently engaged in transporting car- goes in vessels of the type and class that will be constructed or reconstructed under this section, and agrees to employ vessels constructed or reconstructed under this section as replacements only for vessels made obsolete by changes in operating stand- ards imposed by statute; "(3) the capacity of the vessels to be constructed or re- constructed under this title will not increase the cargo carrying capacity of the vessels being replaced; "(4) the Secretary has not made a determination that the market demand for the vessel over its useful life will diminish so as to make the granting of the guarantee fiduciarily im- prudent; and "(5) the Secretary has considered the provisions of section 1104A(d)(l)(A) (iii), (iv), and (v) of this title. "Ot>) For the purposes of this section— "(1) the maximum term for obligations guaranteed under this program may not exceed 25 years;
104 STAT. 522 PUBLIC LAW 101-380—AUG. 18, 1990 "(2) obligations guaranteed may not exceed 75 percent of the actual cost or depreciated actual cost to the applicant for the construction or reconstruction of the vessel; and "(3) reconstruction cost obligations may not be guaranteed Unless the vessel after reconstruction will have a useful life of at legist 15 years. "(c)(1) The Secretary shall by rule require that the applicant provide adequate security against default. The Secretary may, in addition to any fees assessed under section 1104A(e), establish a Vessel Replacement Guarantee Fund into which shall be paid by obligors under this section— "(A) annual fees which may be an additional amount on the loan guarantee fee in section 1104A(e) not to exceed an addi- tional 1 percent; or "(B) fees based on the amount of the obligation versus the percentage of the obligor's fleet being replaced by vessels con- structed or reconstructed under this section. "(2) The Vessel Replacement Guarantee Fund shall be a subaccount in the Federal Ship Financing Fund, and shall— "(A) be the depository for all moneys received by the Sec- retary under sections 1101 through 1107 of this title with respect to guarantee or commitments to guarantee made under this section; "(B) not include investigation fees payable under section 1104A(f) which shall be paid to the Federal Ship Financing Fund; and "(C) be the depository, whenever there shall be outstanding any notes or obligations issued by the Secretary under section 1105(d) with respect to the Vessel Replacement Guarantee Fund, for all moneys received by the Secretary under sections 1101 through 1107 from applicants under this section. "(d) The program created by this section shall, in addition to the requirements of this section, be subject to the provisions of sections 1101 through 1103; 1104A03) (1), (4), (5), (6); 1104A(e); 1104A(f); 1104A(h); and 1105 through 1107; except that the Federal Ship Financing Fund is not liable for any guarantees or commitments to guarantee issued under this section.". SEC. 4116. PILOTAGE. (a) PILOT REQUIRED.—Section 8502(g) of title 46, United States Code, is amended to read as follows: Regulations. "(g)(1) The Secretary shall designate by regulation the areas of the Alaska. approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title. "(2) In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60°49' North latitude and the Port of Valdez, Alaska.". (b) SECOND PERSON REQUIRED.—Section 8502 of title 46, United States Code, is amended by adding at the end the following: "(h) The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 523 master or mate licensed to direct and control the vessel under section 7101(cXl) of this title who is separate and distinct from the pilot required under subsection (a) of this section.". (c) ESCORTS FOR CERTAIN TANKERS.—Not later than 6 months after Regulations. the date of the enactment of this Act, the Secretary shall initiate Alaska. Washington. issuance of regulations under section 3703(a)(3) of title 46, United 46 u s e 3703 States Code, to define those areas, including Prince William Sound, note. Alaska, and Rosario Strait and Puget Sound, Washington (including those portions of the Strait of Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of Georgia subject to United States jurisdiction), on which single hulled tankers over 5,000 gross tons transporting oil in bulk shall be escorted by at least two towing vessels (as defined under section 2101 of title 46, United States Code) or other vessels considered appropriate by the Secretary. (d) TANKER DEFINED.—In this section the term "tanker" has the 46 u s e 3703 same meaning the term has in section 2101 of title 46, United States note. Code. SEC. 4117. MARITIME POLLUTION PREVENTION TRAINING PROGRAM 46 u s e app. STUDY. 1295 note. The Secretary shall conduct a study to determine the feasibility of a Maritime Oil Pollution Prevention Training program to be carried out in cooperation with approved maritime training institutions. The study shall assess the costs and benefits of transferring suitable vessels to selected maritime training institutions, equipping the vessels for oil spill response, and training students in oil pollution response skills. The study shall be completed and transmitted to the Congress no later than one year after the date of the enactment of this Act. SEC. 4118. VESSEL COMMUNICATION EQUIPMENT REGULATIONS. 33 u s e 1203 note. The Secretary shall, not later than one year after the date of the enactment of this Act, issue regulations necessary to ensure that vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act of 1971 (33 U.S.C. 1203) are also equipped as necessary to— (1) receive radio marine navigation safety warnings; and (2) engage in radio communications on designated frequencies with the Coast Guard, and such other vessels and stations as may be specified by the Secretary. Subtitle B—Removal SEC. 4201. FEDERAL REMOVAL AUTHORITY. President of U.S. Hazardous (a) I N GENERAL.—Subsection (c) of section 311 of the Federal materials. Water Pollution Control Act (33 U.S.C. 1321(c)) is amended to read as follows: "(c) FEDERAL REMOVAL AUTHORITY.— "(1) GENERAL REMOVAL REQUIREMENT.—(A) The President shall, in accordance with the National Contingency Plan and any appropriate Area Contingency Plan, ensure effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance— > "(i) into or on the navigable waters; "(ii) on the adjoining shorelines to the navigable waters;
104 STAT. 524 PUBLIC LAW 101-380—AUG. 18, 1990 "(iii) into or on the waters of the exclusive economic zone; or "(iv) that may affect natural resources belonging to, ap- pertaining to, or under the exclusive management author- ity of the United States. "(B) In carrying out this paragraph, the President may— ^ "(i) remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time; "(ii) direct or monitor all Federal, State, and private actions to remove a discharge; and "(iii) remove and, if necessary, destroy a vessel discharg- ing, or threatening to discharge, by whatever means are available. "(2) DISCHARGE POSING SUBSTANTIAL THREAT TO PUBUC HEALTH OR WELFARE.—(A) If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wild- life, other natural resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the discharge. "(B) In carrying out this paragraph, the President may, with- out regard to any other provision of law governing contracting procedures or employment of personnel by the Federal Govern- ment— "(i) remove or arrange for the removal of the discharge, or mitigate or prevent the substantial threat of the dis- charge; and "(ii) remove and, if necessary, destroy a vessel discharg- ing, or threatening to discharge, by whatever means are available. "(3) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY PLAN.—(A) Each Federal agency. State, owner or operator, or other person participating in efforts under this subsection shall act in accordance with the National Contingency Plan or as directed by the President. "(B) An owner or operator participating in efforts under this subsection shall act in accordance with the National Contin- gency Plan and the applicable response plan required under subsection (j)» or as directed by the President. "(4) EXEMPTION FROM LIABILITY.—(A) A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, V or advice consistent with the National Contingency Plan or £is otherwise directed by the President. "(B) Subparagraph (A) does not apply— "(i) to a responsible party; "(ii) to a response under the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); "(iii) with respect to personal injury or wrongful death; or "(iv) if the person is grossly negligent or engages in willful misconduct.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 525 "(C) A responsible party is liable for any removal costs and damages that another person is relieved of under subparagraph (A). "(5) OBUGATION AND UABIUTY OF OWNER OR OPERATOR NOT AFFECTED.—Nothing in this subsection affects— "(A) the obligation of an owner or operator to respond immediately to a discharge, or the threat of a discharge, of oil; or "(B) the liability of a responsible party under the Oil Pollution Act of 1990. "(6) RESPONSIBLE PARTY DEFINED.—For purposes of this subsec- tion, the term 'responsible party' has the meaning given that term under section 1001 of the Oil Pollution Act of 1990.". (b) NATIONAL CONTINGENCY PLAN.—Subsection (d) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended to read as follows: "(d) NATIONAL CONTINGENCY PLAN.— "(1) PREPARATION BY PRESIDENT.—The President shall prepare and publish a National Contingency Plan for removal of oil and hazardous substances pursuant to this section. "(2) CONTENTS.—The National Contingency Plan shall provide for efficient, coordinated, and effective action to minimize damage from oil and hazardous substance discharges, including containment, dispersal, and removal of oil and hazardous sub- stances, and shall include, but not be limited to, the following: "(A) Assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies and port authorities including, but not limited to, water pollution control and conservation and trusteeship of natural resources (including conservation of fish and wildlife). "(B) Identification, procurement, maintenance, and stor- age of equipment and supplies. "(C) Establishment or designation of Coast Guard strike teams, consisting of— "(i) personnel who shall be trained, prepared, and available to provide necessary services to carry out the National Contingency Plan; "(ii) adequate oil and hazardous substance pollution control equipment and material; and "(iii) a detailed oil and hazardous substance pollution and prevention plan, including measures to protect fisheries and wildlife. "(D) A system of surveillance and notice designed to safeguard eigainst as well as ensure earliest possible notice of discharges of oil and hazardous substances and imminent threats of such discharges to the appropriate State and Federal agencies. "(E) Establishment of a national center to provide co- ordination and direction for operations in carrying out the Plan. "(F) Procedures and techniques to be employed in identi- fying, containing, dispersing, and removing oil and hazard- ous substances. "(G) A schedule, prepared in cooperation with the States, identifying—
104 STAT. 526 PUBLIC LAW 101-380—AUG. 18, 1990 "(i) dispersants, other chemicals, and other spill miti- gating devices and substances, if any, that may be used in carrying out the Plan, "(ii) the waters in which such dispersants, other chemicals, and other spill mitigating devices and sub- stances may be used, and "(iii) the quantities of such dispersant, other chemi- cals, or other spill mitigating device or substance which can be used safely in such waters, which schedule shall provide in the case of any dispersant, chemical, spill mitigating device or substance, or waters not specifically identified in such schedule that the President, or his delegate, may, on a case-by-case basis, identify the dispersants, other chemicals, and other spill mitigating devices and substances which may be used, the waters in which they may be used, and the quantities which can be used safely in such waters. "(H) A system whereby the State or States affected by a discharge of oil or hazardous substance may act where necessary to remove such discharge and such State or States may be reimbursed in accordance with the Oil Pollu- tion Act of 1990, in the case of any discharge of oil from a vessel or facility, for the reasonable costs incurred for that removal, from the Oil Spill Liability Trust Fund. "(I) Establishment of criteria and procedures to ensure immediate and effective Federsil identification of, and re- sponse to, a discharge, or the threat of a discharge, that results in a substantial threat to the public health or welfare of the United States, £is required under subsection (0(2). "(J) Establishment of procedures and standards for removing a worst csise discharge of oil, and for mitigating or preventing a substantial threat of such a discharge. "(K) Designation of the Federal official who shall be the Federal On-Scene Coordinator for each area for which an Area Contingency Plan is required to be prepared under subsection (j). "(L) Establishment of procedures for the coordination of activities of— "(i) Coast Guard strike teams established under subparagraph (C); "(ii) Federal On-Scene Coordinators designated under subparagraph (K); "(iii) District Response Groups established under subsection (j); and "(iv) Area Committees established under subsection (j). Fish and fishing. "(M) A fish and wildlife response plan, developed in Wildlife. consultation with the United States Fish and Wildlife Serv- ice, the National Oceanic and Atmospheric Administration, and other interested parties (including State fish and wild- life conservation officials), for the immediate and effective protection, rescue, and rehabilitation of, and the minimiza- tion of risk of damage to, fish and wildlife resources and their habitat that are harmed or that may be jeopardized by a discharge.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 527 "(3) REVISIONS AND AMENDMENTS.—The President may, from time to time, as the President deems advisable, revise or other- wise amend the National Contingency Plan. "(4) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY PLAN.—After publication of the National Contingency Plan, the removal of oil and hazardous substances and actions to mini- mize damage from oil and hazardous substance discharges shall, to the greatest extent possible, be in accordance with the Na- tional Contingency Plan.". (b) DEFINITIONS.— Section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)) is amended— (1) in paragraph (8), by inserting "containment and" after "refers to"; and (2) in paragraph (16) by striking the period at the end and inserting a semicolon; (3) in paragraph (17)— (A) by striking "Otherwise" and inserting "otherwise"; and (B) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: "(18) 'Area C!ommittee' means an Area Committee established under subsection (j); "(19) 'Area Contingency Plan' means an Area Contingency Plan prepared under subsection (j); "(20) 'Coast Guard District Response Group' means a Coast Guard District Response Group established under subsection (j); "(21) 'Federal On-Scene Coordinator' means a Federal On- Scene Coordinator designated in the National Contingency Plan; "(22) 'National Contingency Plan' means the National Contin- gency Plan prepared and published under subsection (d); "(23) 'National Response Unit' means the National Response Unit established under subsection 0); and "(24) 'worst case discharge' means— "(A) in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and "(B) in the case of an offshore facility or onshore facility, the largest foreseeable discharge in adverse weather condi- tions.". (c) REVISION OF NATIONAL CONTINGENCY PLAN.—Not later than 33 use I32i one year after the date of the enactment of this Act, the President ^°^- shall revise and republish the National Contingency Plan prepared under section 311(cX2) of the Federal Water Pollution Control Act (as in effect immediately before the date of the enactment of this Act) to implement the amendments made by this section and section 4202. SEC. 4202. NATIONAL PLANNING AND RESPONSE SYSTEM. (a) IN GENERAL.—Subsection (j) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended— (1) by striking "(j)" and inserting the following: "(j) NATIONAL RESPONSE SYSTEM.—"; (2) by moving paragraph (1) so as to begin immediately below the heading for subsection (j) (as added by paragraph (1) of this subsection);
104 STAT. 528 PUBLIC LAW 101-380—AUG. 18, 1990 (3) by moving paragraph (1) two ems to the right, so the left margin of that paragraph is aligned with the left margin of paragraph (2) of that subsection (as added by paragraph (6) of this subsection); (4) in paragraph (1) by striking "(1)" and inserting the follow- ing: (1) I N GENERAL.—"; (5) by striking paragraph (2); and (6) by adding at the end the following: Uniformed "(2) NATIONAL RESPONSE UNIT.—The Secretary of the depart- services. ment in which the Coast Guard is operating shall establish a North Carolina. National Response Unit at Elizabeth City, North Carolina. The Secretary, acting through the National Response Unit— Public "(A) shall compile and maintain a comprehensive com- information. puter list of spill removal resources, personnel, and equip- ment that is available worldwide and within the areas designated by the President pursuant to paragraph (4), which shall be available to Federal and State agencies and the public; "(B) shall provide technical assistance, equipment, and other resources requested by a Federal On-Scene Coordina- tor; "(C) shall coordinate use of private and public personnel and equipment to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near an area designated by the President pursuant to paragraph (4); "(D) may provide technical assistance in the preparation of Area Contingency Plans required under paragraph (4); "(E) shall administer Coast Guard strike teams estab- lished under the National Contingency Plan; Records. "(F) shall maintain on file all Area (Contingency Plans approved by the President under this subsection; and (G) shall review each of those plans that affects its responsibilities under this subsection. "(3) COAST GUARD DISTRICT RESPONSE GROUPS.—(A) The Sec- retary of the department in which the (Doast Guard is operating shall establish in each (Doast Guard district a CJoast Guard District Response Group. "(B) Each C!oast Guard District Response Group shall consist of— "(i) the Coast GuEird personnel and equipment, including firefighting equipment, of each port within the district; "(ii) additional prepositioned equipment; and "(iii) a district response advisory staff. "(C) (joast Guard district response groups— "(i) shall provide technical assistance, equipment, and other resources when required by a Federal On-Scene Coordinator; "(ii) shall maintain all Coast Guard response equipment within its district; "(iii) may provide technical assistance in the preparation of Area (Contingency Plans required under paragraph (4); and "(iv) shall review each of those plans that affect its area of geographic responsibility.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 529 "(4) A R E A COMMITTEES A N D AREA CONTINGENCY PLANS.—(A) Establishment. There is established for each area designated by the President an Area Committee comprised of members appointed by the President from qualified personnel of Federal, State, and local agencies. "(B) Each Area Committee, under the direction of the Federal On-Scene Coordinator for its area, shall— "(i) prepare for its area the Area Contingency Plan re- quired under subparagraph (C); "(ii) work with State and local officials to enhance the contingency planning of those officials and to assure preplanning of joint response efforts, including appropriate procedures for mechanical recovery, dispersal, shoreline cleanup, protection of sensitive environmental areas, and protection, rescue, and rehabilitation of fisheries and wild- life; and "(iii) work with State and local officials to expedite deci- sions for the use of dispersants and other mitigating sub- stances and devices. "(C) Each Area Committee shall prepare and submit to the President for approval an Area C!ontingency Plan for its area. The Area Contingency Plan shall— "(i) when implemented in conjunction with the National Contingency Plan, be adequate to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near the area; "(ii) describe the area covered by the plan, including the areas of special economic or environmental importance that might be damaged by a discharge; (iii) describe in detail the responsibilities of an owner or operator and of Federal, State, and local agencies in remov- ing a discharge, and in mitigating or preventing a substan- tial threat of a discharge; "(iv) list the equipment (including firefighting equip- ment), dispersants or other mitigating substances and de- vices, and personnel available to an owner or operator and Federal, State, and local agencies, to ensure an effective and immediate removal of a discharge, and to ensure miti- gation or prevention of a substantial threat of a discharge; "(v) describe the procedures to be followed for obtaining an expedited decision regarding the use of dispersants; "(vi) describe in detail how the plan is integrated into other Area Contingency Plans and vessel, offshore facility, and onshore facility response plans approved under this subsection, and into operating procedures of the National Response Unit; "(vii) include any other information the President re- quires; and "(viii) be updated periodically by the Area Committee. "(D) The President shall— "(i) review and approve Area Contingency Plans under this paragraph; and "(ii) periodically review Area Contingency Plans so ap- proved. ^1^) T A N K VESSEL A N D FACILITY RESPONSE PLANS.—(A) The Regulations. President shall issue regulations which require an owner or
104 STAT. 530 PUBLIC LAW 101-380—AUG. 18, 1990 operator of a tank vessel or facility described in subparagraph (B) to prepare and submit to the President a plan for respond- ing, to the maximum extent practicable, to a worst case dis- charge, and to a substantial threat of such a discharge, of oil or a hazardous substance. "(B) The tank vessels and facilities referred to in subpara- graph (A) are the following: "(i) A tank vessel, as defined under section 2101 of title 46, United States Code. "(ii) An offshore facility. "(iii) An onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or the exclusive economic zone. "(C) A response plan required under this paragraph shall— "(i) be consistent with the requirements of the National Contingency Plan and Area Contingency Plans; "(ii) identify the qualified individual having full author- ity to implement removal actions, and require immediate communications between, that individual and the appro- priate Federal official and the persons providing personnel and equipment pursuant to clause (iii); "(iii) identify, and ensure by contract or other means approved by the President the availability of, private personnel and equipment necessary to remove to the maxi- mum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge; "(iv) describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a dis- charge; "(v) be updated periodically; and "(vi) be resubmitted for approval of each significant change. President of U.S. "(D) With respect to any response plan submitted under this paragraph for an onshore facility that, because of its location, could reasonably be expected to cause significant and substan- tial harm to the environment by discharging into or on the navigable waters or adjoining shorelines or the exclusive eco- nomic zone, and with respect to each response plan submitted under this paragraph for a tank vessel or offshore facility, the President shall— "(i) promptly review such response plan; "(ii) require amendments to any plan that does not meet the requirements of this paragraph; "(iii) approve any plan that meets the requirements of this paragraph; and "(iv) review each plan periodically thereafter. "(E) A tank vessel, offshore facility, or onshore facility re- quired to prepare a response plan under this subsection may not handle, store, or transport oil unless— "(i) in the case of a tank vessel, offshore facility, or onshore facility for which a response plan is reviewed by
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 531 the President under subparagraph (D), the plan has been approved by the President; and (ii) the vessel or facility is operating in compliance with the plan. "(F) Notwithstanding subparagraph (E), the President may authorize a tank vessel, offshore facility, or onshore facility to operate without a response plan approved under this para- graph, until not later than 2 years after the date of the submis- sion to the President of a plan for the tank vessel or facility, if the owner or operator certifies that the owner or operator has ensured by contract or other means approved by the President the availability of private personnel and equipment necessary to respond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge. "(G) The owner or operator of a tank vessel, offshore facility, or onshore facility may not claim as a defense to liability under title I of the Oil Pollution Act of 1990 that the owner or operator was acting in accordance with an approved response plan. "(H) The Secretary shall maintain, in the Vessel Identifica- tion System established under chapter 125 of title 46, United States Code, the dates of approval and review of a response plan under this paragraph for each tank vessel that is a vessel of the United States. "(6) EQUIPMENT REQUIREMENTS AND INSPECTION.—Not later President of U.S. than 2 years after the date of enactment of this section, the President shall require— "(A) periodic inspection of containment booms, skimmers, vessels, and other major equipment used to remove dis- charges; and "(B) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo to carry appropriate removal equipment that employs the best tech- nology economically feasible and that is compatible with the safe operation of the vessel. "(7) AREA DRILLS.—The President shall periodically conduct President of U.S. drills of removal capability, without prior notice, in areas for which Area Contingency Plans are required under this subsec- tion and under relevant tank vessel and facility response plans. The drills may include participation by Federal, State, and local agencies, the owners and operators of vessels and facilities in the area, and private industry. The President may publish annual reports on these drills, including assessments of the effectiveness of the plans and a list of amendments made to improve plans. "(8) UNITED STATES GOVERNMENT NOT LIABLE.—The United States Government is not liable for any damages arising from its actions or omissions relating to any response plan required by this section.", (b) IMPLEMENTATION.— 33 use I32i (1) AREA COMMITTEES AND CONTINGENCY PLANS.—(A) Not later note. than 6 months after the date of the enactment of this Act, the President of U.S. President shall designate the areas for which Area Committees are established under section 3110*)(4) of the Federal Water Pollution Control Act, as amended by this Act. In designating such areas, the President shall ensure that all navigable waters, adjoining shorelines, and waters of the exclusive economic zone are subject to an Area Contingency Plan under that section.
104 STAT. 532 PUBLIC LAW 101-380—AUG. 18, 1990 (B) Not later than 18 months after the date of the enactment of this Act, each Area Committee estabUshed under that section shall submit to the President the Area Contingency Plan re- quired under that section. (C) Not later than 24 months after the date of the enactment of this Act, the President shall— (i) promptly review each plan; (ii) require amendments to any plan that does not meet the requirements of section 3110')(4) of the Federal Water Pollution Control Act; and (iii) approve each plan that meets the requirements of that section. Establishment. (2) NATIONAL RESPONSE UNIT.—Not later than One year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall estab- lish a National Response Unit in accordance with section 311(j)(2) of the Federal Water Pollution Control Act, as amended by this Act. Establishment. (3) COAST GUARD DISTRICT RESPONSE GROUPS.—Not l a t e r t h a n 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish Coast Guard District Response Groups in accordance with section 311(j)(3) of the Federal Water Pollution Control Act, as amended by this Act. President of U.S. (4) T A N K VESSEL AND FACIUTY RESPONSE PLANS; TRANSITION Regulations. PROVISION; EFFECTIVE DATE OF PROHIBITION.—(A) N o t l a t e r t h a n 24 months after the date of the enactment of this Act, the President shall issue regulations for tank vessel and facility response plans under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act. (B) During the period beginning 30 months after the date of the enactment of this paragraph and ending 36 months after that date of enactment, a tank vessel or facility for which a response plan is required to be prepared under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, may not handle, store, or transport oil unless the owner or operator thereof has submitted such a plan to the President. (C) Subparagraph (E) of section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, shall take effect 36 months after the date of the enactment of this Act. (c) STATE LAW NOT PREEMPTED.— Section 311(o)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1321(o)(2)) is amended by inserting before the period the following: ", or with respect to any removal activities related to such discharge". 14 u s e 92 note. SEC. 4203. COAST GUARD VESSEL DESIGN. The Secretary shall ensure that vessels designed and constructed to replace Coast Guard buoy tenders are equipped with oil skimming systems that are readily available and operable, and that com- plement the primary mission of servicing aids to navigation. SEC. 4204. DETERMINATION OF HARMFUL QUANTITIES OF OIL AND H A Z A R D O U S SUBSTANCES. Section 311(b)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(4)) is amended by inserting "or the environment" after "the public health or welfare".
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 533 SEC. 4205. COASTWISE OIL SPILL RESPONSE COOPERATIVES. Section 12106 of title 46, United States Code, is amended by adding at the end the following: "(d)(1) A vessel may be issued a certificate of documentation with a coastwise endorsement if— "(A) the vessel is owned by a not-for-profit oil spill response cooperative or by members of such a cooperative who dedicate the vessel to use by the cooperative; "(B) the vessel is at least 50 percent owned by persons or entities described in section 12102(a) of this title; "(C) the vessel otherwise qualifies under section 12106 to be employed in the coastwise trade; and (D) use of the vessel is restricted to— "(i) the deployment of equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States, or within the Exclu- sive Economic Zone, or "(ii) for training exercises to prepare to respond to such a discharge. "(2) For purposes of the first proviso of section 27 of the Merchant Marine Act, 1920, section 2 of the Shipping Act of 1916, and section 12102(a) of this title, a vessel meeting the criteria of this subsection shall be considered to be owned exclusively by citizens of the United States.". Subtitle C—Penalties and Miscellaneous SEC. 4301. FEDERAL WATER POLLUTION CONTROL ACT PENALTIES. (a) NOTICE TO STATE AND FAILURE T O REPORT.—Section 311G3)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(5)) is amended— (1) by inserting after the first sentence the following: "The Federal agency shall immediately notify the appropriate State agency of any State which is, or may reasonably be expected to be, affected by the discharge of oil or a hsizardous substance."; (2) by striking "fined not more than $10,000, or imprisoned for not more than one year, or both" and inserting "fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both"; and (3) in the last sentence by— (A) striking "or information obtained by the exploitation of such notification"; and (B) inserting "natural" before "person". (b) PENALTIES FOR DISCHARGES AND VIOLATIONS OF REGULATIONS.— Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)) is amended by striking paragraph (6) and inserting the following new paragraphs: "(6) ADMINISTRATIVE PENALTIES.— "(A) VIOLATIONS.—Any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility— "(i) from which oil or a hazardous substance is dis- charged in violation of paragraph (3), or "(ii) who fails or refuses to comply with any regula- tion issued under subsection (j) to which that owner, operator, or person in charge is subject.
104 STAT. 534 PUBLIC LAW 101-380—AUG. 18, 1990 may be assessed a class I or class II civil penalty by the Secretary of the department in which the Coast Guard is operating or the Administrator. "(B) CLASSES OF PENALTIES.— "(i) CLASS I.—The amount of a class I civil penalty under subparagraph (A) may not exceed $10,000 per violation, except that the maximum amount of any class I civil penalty under this subparagraph shall not exceed $25,000. Before assessing a civil penalty under this clause, the Administrator or Secretary, as the case may be, shall give to the person to be assessed such penaltv written notice of the Administrator's or Sec- retary s proposal to assess the penalty and the oppor- tunity to request, within 30 days of the date the notice is received by such person, a hearing on the proposed penalty. Such hearing shall not be subject to section 554 or 556 of title 5, United States Code, but shall provide a reasonable opportunity to be heard and to present evidence. "(ii) CLASS II.—The amount of a class II civil penalty under subparagraph (A) may not exceed $10,000 per day for each day during which the violation continues; except that the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise provided in this subsec- tion, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. The Administrator and Secretary may issue rules for discovery procedures for hearings under this paragraph. "(C) RIGHTS OF INTERESTED PERSONS.— "(i) PUBLIC NOTICE.—Before issuing an order assess- ing a class II civil penalty under this paragraph the Administrator or Secretary, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order. "(ii) PRESENTATION OF EVIDENCE.—Any person who comments on a proposed assessment of a class II civil penalty under this paragraph shall be given notice of any hearing held under this paragraph and of the order assessing such penalty. In any hearing held under this paragraph, such person shall have a reasonable oppor- tunity to be heard and to present evidence. Federal Register, "(iii) RIGHTS OF INTERESTED PERSONS TO A HEARING.— publication. If no hearing is held under subparagraph (B) before issuance of an order assessing a class II civil penalty under this paragraph, any person who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall imme-
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 535 diately set aside such order and provide a hearing in accordance with subparagraph (B)(ii). If the Adminis- trator or Secretary denies a hearing under this clause, the Administrator or Secretary shall provide to the petitioner, and publish in the Federal Register, notice of and the reasons for such denial. "(D) FINALITY OF ORDER.—An order assessing a class II civil penalty under this paragraph shall become final 30 days after its issuance unless a petition for judicial review is filed under subparagraph (G) or a hearing is requested under subparagraph (CXiii). If such a hearing is denied, such order shall become final 30 days after such denial. "(E) EFFECT OF ORDER.—Action taken by the Adminis- trator or Secretary, as the case may be, under this para- graph shall not affect or limit the Administrator's or Sec- retary's authority to enforce any provision of this Act; except that any violation— "(i) with respect to which the Administrator or Sec- retary has commenced and is diligently prosecuting an action to assess a class II civil penalty under this paragraph, or "(ii) for which the Administrator or Secretary has issued a final order assessing a class II civil penalty not subject to further judicial review and the violator has paid a penalty assessed under this paragraph, shall not be the subject of a civil penalty action under section 309(d), 309(g), or 505 of this Act or under paragraph (7). "(F) EFFECT OF ACTION ON COMPUANCE.—No action by the Administrator or Secretary under this paragraph shall affect any person's obligation to comply with any section of this Act. "(G) JUDICIAL REVIEW.—Any person against whom a civil penalty is assessed under this paragraph or who com- mented on the proposed assessment of such penalty in accordance with subparagraph (C) may obtain review of such assessment— "(i) in the case of assessment of a class I civil penalty. District of in the United States District Court for the District of Columbia. Columbia or in the district in which the violation is alleged to have occurred, or "(ii) in the case of assessment of a class II civil penalty, in United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business, by filing a notice of appeal in such court within the 30-day period beginning on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail to the Administrator or Secretary, as the case may be, and the Attorney General. The Administrator or Secretary shall promptly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Adminis- trator s or Secretary's assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil
104 STAT. 536 PUBLIC LAW 101-380—AUG. 18, 1990 penalties for the same violation unless the Administrator's or Secretary's assessment of the penalty constitutes an abuse of discretion. "(H) COLLECTION.—If any person fails to pay an assess- ment of a civil penalty— "(i) after the assessment has become final, or "(ii) after a court in an action brought under s u b p a r ^ r a p h (G) has entered a final judgment in favor of the Administrator or Secretary, as the case may be, the Administrator or Secretary shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at cur- rently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this subparagraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties and nonpajnnent penalties which are unpaid as of the beginning of such quarter. (I) SUBPOENAS.—The Administrator or Secretary, as the case may be, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this paragraph. In case of contumacy or refusal to obey a subpoena issued pursuant to this subparagraph and served upon any person, the district court of the United States for any district in which such person is found, re- sides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdic- tion to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. Hazardous '(7) CIVIL PENALTY ACTION.— materials. "(A) DISCHARGE, GENERALLY.—Any person who is the owner, operator, or person in charge of any vessel, onshore facility, or offshore facility from which oil or a hazardous substance is discharged in violation of paragraph (3), shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to $1,000 per barrel of oil or unit of reportable quantity of hazardous substances dis- charged. "(B) FAILURE TO REMOVE OR COMPLY.—Any person de- scribed in subparagraph (A) who, without sufficient cause— "(i) fails to properly carry out removal of the dis- charge under an order of the President pursuant to subsection (c); or "(ii) fails to comply with an order pursuant to subsec- tion (eXlXB);
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 537 shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to 3 times the costs incurred by the Oil Spill Liability Trust Fund £is a result of such failure. "(C) FAILURE TO COMPLY WITH REGULATION.—Any person who fails or refuses to comply with any regulation issued under subsection (j) shall be subject to a civil penalty in an amount up to $25,000 per day of violation. "(D) GROSS NEGUGENCE.—In any case in which a violation of paragraph (3) was the result of gross negligence or willful misconduct of a person described in subparagraph (A), the person shall be subject to a civil penalty of not less than $100,000, and not more than $3,000 per barrel of oil or unit of reportable quantity of hazardous substance discharged. "(E) JURISDICTION.—An action to impose a civil penalty C:k)urts, U.S. under this paragraph may be brought in the district court of the United States for the district in which the defendant is located, resides, or is doing business, and such court shall have jurisdiction to assess such penalty. "(F) LIMITATION.—A person is not liable for a civil pen- alty under this paragraph for a discharge if the person has been assessed a civil penalty under paragraph (6) for the discharge. "(8) DETERMINATION OF AMOUNT.—In determining the amount of a civil penalty under paragraphs (6) and (7), the Adminis- trator, Secretary, or the court, as the case may be, shall consider the seriousness of the violation or violations, the economic benefit to the violator, if any, resulting from the violation, the degree of culpability involved, any other penalty for the same incident, any history of prior violations, the nature, extent, and degree of success of any efforts of the violator to minimize or mitigate the effects of the discharge, the economic impact of the penalty on the violator, and any other matters as justice may require. "(9) MITIGATION OF DAMAGE.—In addition to establishing a Hazardous penalty for the discharge of oil or a hazardous substance, the materials. Administrator or the Secretary of the department in which the Coast Guard is operating may act to mitigate the damage to the public health or welfare caused by such discharge. The cost of such mitigation shall be deemed a cost incurred under subsec- tion (c) of this section for the removal of such substance by the United States Government. "(10) RECOVERY OF REMOVAL COSTS.—Any costs of removal incurred in connection with a discharge excluded by subsection (aX2XC) of this section shall be recoverable from the owner or operator of the source of the discharge in an action brought under section 309(b) of this Act. "(11) LIMITATION.—Civil penalties shall not be assessed under both this section and section 309 for the same discharge.". (c) CRIMINAL PENALTIES.—Section 309(c) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) is amended by inserting after "308," each place it appears the following: "311(b)(3),". SEC. 4302. OTHER PENALTIES. (a) NEGLIGENT OPERATIONS.—Section 2302 of title 46, United States Code, is amended—
104 STAT. 538 PUBLIC LAW 101-380—AUG. 18, 1990 (1) in subsection (b) by striking "shall be fined not more than $5,000, imprisoned for not more than one vear, or both.", and inserting ' commits a class A misdemeanor.'; and (2) in subsection (c)— (A) by striking ", shall be" in the matter preceding paragraph (1); (B) by inserting "is" before "liable" in paragraph (1); and (C) by amending paragraph (2) to read £is follows: "(2) commits a class A misdemeanor.". (b) INSPECTIONS.—Section 3318 of title 46, United States Code, is amended— (1) in subsection 0?) by striking "shall be fined not more than $10,000, imprisoned for not more than 5 years, or both." and inserting "commits a class D felonv."; (2) in subsection (c) by striking 'shall be fined not more than $5,000, imprisoned for not more than 5 years, or both." and inserting commits a cleiss D felony."; (3) in subsection (d) by striking 'shall be fined not more than $5,000, imprisoned for not more than 5 years, or both." and inserting 'commits a class D felonv."; (4) in subsection (e) by striking shall be fined not more than $10,000, imprisoned for not more than 2 years, or both." and inserting "commits a class A misdemeanor. ; and (5) in the matter preceding paragraph (1) of subsection (f) by striking "shall be fined not less than $1,000 but not more than $10,000, and imprisoned for not less than 2 years but not more than 5 years," and inserting "commits a class D felony.". (c) CARRIAGE OF LIQUID BULK DANGEROUS CARGOES.—Section 3718 of title 46, United States Code, is amended— (1) in subsection Oo) by striking "shall be fined not more than $50,000, imprisoned for not more than 5 years, or both." and inserting "commits a class D felony."; and (2) in subsection (c) by striking 'shall be fined not more than $100,000, imprisoned for not more than 10 years, or both." and inserting "commits a class C felony.". (d) LOAD LINES.—Section 5116 of title 46, United States Code, is amended— (1) in subsection (d) by striking "shall be fined not more than $10,000, imprisoned for not more than one year, or both." and inserting "commits a class A misdemeanor."; and (2) in subsection (e) by striking "shall be fined not more than $10,000, imprisoned for not more than 2 years, or both." and inserting "commits a class A misdemeanor.'. (e) COMPLEMENT OF INSPECTED VESSELS.—Section 8101 of title 46, United States Code, is amended— (1) in subsection (e) by striking "$50" and inserting "$1,000"; (2) in subsection (f) by striking "$100, or, for a deficiency of a licensed individual, a penalty of $500." and inserting "$10,000."; and (3) in subsection (g) by striking "$500." and inserting "$10,000.". (f) WATCHES.—Section 8104 of title 46, United States Code, is amended— (1) in subsection (i) by striking "$100." and inserting "$10,000."; and (2) in subsection (j) by striking "$500." and inserting "$10,000.".
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 539 (g) COASTWISE PILOTAGE.—Section 8502 of title 46, United States Code, is amended— (1) in subsection (e) by striking "$500." and inserting "$10,000."; and (2) in subsection (f) by striking "$500." and inserting "$10,000.". (h) FOREIGN COMMERCE PILOTAGE.—Section 8503(e) of title 46, United States Code, is amended by striking "shall be fined not more than $50,000, imprisoned for not more than five years, or both." and inserting "commits a class D felony.". (i) CREW REQUIREMENTS.—Section 8702(e) of title 46, United States Code, is amended by striking "$500." and inserting "$10,000.". (J) PORTS AND WATERWAYS SAFETY ACT.—Section 13(b) of the Port and Waterways Safety Act (33 U.S.C. 1232(b)) is amended— (1) in paragraph (1) by striking "shall be fined not more than $50,000 for each violation or imprisoned for not more than five years, or both." and inserting "commits a class D felony."; and (2) in paragraph (2) by striking "shall, in lieu of the penalties prescribed in paragraph (1), be fined not more than $1(30,000, or imprisoned for not more than 10 years, or both." and inserting "commits a class C felony.". (k) VESSEL NAVIGATION.—Section 4 of the Act of April 28, 1908 (33 U.S.C. 1236) is amended— (1) in subsection (b) by striking "$500." and inserting "$5,000."; (2) in subsection (c) by striking "$500," and inserting "$5,000,"; and (3) in subsection (d) by striking "$250." and inserting "$2,500.". (1) INTERVENTION ON THE HIGH SEAS ACT.—Section 12(a) of the Intervention of the High Seas Act (33 U.S.C. 1481(a)) is amended— (1) in the matter preceding paragraph (1) by striking "Any person who" and inserting "A person commits a class A mis- demeanor if that person"; and (2) in paragraph (3) by striking ", shall be fined not more than $10,000 or imprisoned not more than one year, or both". (m) DEEPWATER PORT ACT OF 1974.—Section 15(a) of the Deep- water Port Act of 1974 (33 U.S.C. 1514(a)) is amended by striking "shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both." and inserting "commits a class A misdemeanor for each day of viola- tion.". (n) ACT TO PREVENT POLLUTION FROM SHIPS.—Section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)) is amended by striking "shall, for each violation, be fined not more than $50,000 or be imprisoned for not more than 5 years, or both." and inserting "commits a class D felony.". SEC. 4303. FINANCIAL RESPONSIBILITY CIVIL PENALTIES. President of U.S. . . . * , . . , 33 u s e 2716a. (a) ADMINISTRATIVE.—Any person who, after notice and an oppor- tunity for a hearing, is found to have failed to comply with the requirements of section 1016 or the regulations issued under that section, or with a denial or detention order issued under subsection (cX2) of that section, shall be liable to the United States for a civil penalty, not to exceed $25,000 per day of violation. The amount of the civil penalty shall be assessed by the President by written notice. In determining the amount of the penalty, the President
104 STAT. 540 PUBLIC LAW 101-380—AUG. 18, 1990 shall take into account the nature, circumstances, extent, and grav- ity of the violation, the degree of culpability, any history of prior violation, ability to pay, and such other matters as justice may require. The President may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which had been imposed under this paragraph. If any person fails to pay an assessed civil penalty after it has become final, the President may refer the matter to the Attorney General for collection. (b) JUDICIAL.—In addition to, or in lieu of, assessing a penalty under subsection (a), the President may request the Attorney Gen- eral to secure such relief as necessary to compel compliance with this section 1016, including a judicial order terminating operations. The district courts of the United States shall have jurisdiction to grant any relief £is the public interest and the equities of the case may require. 26 u s e 9509 SEC. 4304. DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY note. TRUST FUND. Penalties paid pursuant to section 311 of the Federal Water Pollution Control Act, section 309(c) of that Act, as a result of violations of section 311 of that Act, and the Deepwater Port Act of 1974, shall be deposited in the Oil Spill Liability Trust Fund created under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). SEC. 4305. INSPECTION AND ENTRY. Section 311(m) of the Federal Water Pollution Control Act (33 U.S.C. 1321(m)) is amended to read as follows: "(m) ADMINISTRATIVE PROVISIONS.— "(1) FOR VESSELS.—Anyone authorized by the President to enforce the provisions of this section with respect to any vessel may, except as to public vessels— "(A) board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone, "(B) with or without a warrant, arrest any person who in the presence or view of the authorized person violates the provisions of this section or any regulation issued there- under, and "(C) execute any warrant or other process issued by an officer or court of competent jurisdiction. "(2) FOR FACIUTIES.— Reports. "(A) RECORDKEEPING.—Whenever required to carry out Records. the purposes of this section, the Administrator or the Sec- retary of the Department in which the Coast Guard is operating shall require the owner or operator of a facility to which this section applies to establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment and methods, and provide such other information as the Administrator or Secretary, as the case may be, may require to carry out the objectives of this section. "(B) ENTRY AND INSPECTION.—Whenever required to carry out the purposes of this section, the Administrator or the Secretary of the Department in which the Coast Guard is operating or an authorized representative of the Adminis-
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 541 trator or Secretary, upon presentation of appropriate credentials, may— "(i) enter and inspect any facility to which this sec- tion applies, including any facility at which any records are required to be maintained under subparagraph (A); and "(ii) at reasonable times, have access to and copy any records, take samples, and inspect any monitoring equipment or methods required under subparagraph (A). "(C) ARRESTS AND EXECUTION OF WARRANTS.—Anyone au- thorized by the Administrator or the Secretary of the department in which the Coast Guard is operating to en- force the provisions of this section with respect to any facility may— "(i) with or without a warrant, arrest any person who violates the provisions of this section or any regulation issued thereunder in the presence or view of the person so authorized; and "(ii) execute any warrant or process issued by an officer or court of competent jurisdiction. "(D) PuBUC ACCESS.—Any records, reports, or information obtained under this paragraph shall be subject to the same public access and disclosure requirements which are ap- plicable to records, reports, and information obtained pursuant to section 308.". SEC. 4306. CIVIL ENFORCEMENT UNDER FEDERAL WATER POLLUTION CONTROL ACT. Section 311(e) of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended to read as follows: "(e) CIVIL ENFORCEMENT.— State and local "(1) ORDERS PROTECTING PUBUC HEALTH.—In addition to any governments. action taken by a State or local government, when the President determines that there may be an imminent and substantial threat to the public health or welfare of the United States, including fish, shellfish, and wildlife, public and private prop- erty, shorelines, beaches, habitat, and other living and nonliving natural resources under the jurisdiction or control of the United States, because of an actual or threatened discharge of oil or a hazardous substance from a vessel or facility in violation of subsection (b), the President may— "(A) require the Attorney General to secure any relief from any person, including the owner or operator of the vessel or facility, as may be necessary to abate such endangerment; or "(B) after notice to the affected State, take any other action under this section, including issuing administrative orders, that may be necessary to protect the public health and welfare. "(2) JURISDICTION OF DISTRICT COURTS.—The district courts of the United States shall have jurisdiction to grgint any relief under this subsection that the public interest and the equities of the case may require.".
104 STAT. 542 PUBLIC LAW 101-380—AUG. 18, 1990 nSch and TITLE V—PRINCE WILLIAM SOUND development. PROVISIONS 33 u s e 2731. SEC. 5001. OIL SPILL RECOVERY INSTITUTE. (a) EsTABUSHMENT OF INSTITUTE.—The Secretary of Commerce shall provide for the establishment of a Prince William Sound Oil Spill Recovery Institute (hereinafter in this section referred to as the "Institute") to be administered by the Secretary of Commerce through the Prince William Sound Science and Technology Institute and located in Cordova, Alaska. (b) FUNCTIONS.—The Institute shall conduct research and carry out educational and demonstration projects designed to— (1) identify and develop the best available techniques, equip- ment, and materials for dealing with oil spills in the arctic and subarctic marine environment; and (2) complement Federal and State damage assessment efforts and determine, document, assess, and understand the long- range effects of the EXXON VALDEZ oil spill on the natural resources of Prince William Sound and its adjacent waters (as generally depicted on the map entitled "EXXON VALDEZ oil spill dated March 1990"), and the environment, the economy, and the lifestyle and well-being of the people who are dependent on them, except that the Institute shall not conduct studies or make recommendations on any matter which is not directly related to the EXXON VALDEZ oil spill or the effects thereof. (c) ADVISORY BOARD.— (1) I N GENERAL.—The policies of the Institute shall be deter- mined by an advisory board, composed of 18 members appointed as follows: (A) One representative appointed by each of the Commis- sioners of Fish and Game, Environmental Conservation, Natural Resources, and Commerce and Economic Develop- ment of the State of Alaska, all of whom shall be State employees. (B) One representative appointed by each of— (i) the Secretaries of Commerce, the Interior, Agri- culture, Transportation, and the Navy; and (ii) the Administrator of the Environmental Protec- tion Agency; all of whom shall be Federal employees. (C) 4 representatives appointed by the Secretary of Com- merce from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about fisheries, other local industries, the marine environment, wildlife, public health, safety, or edu- cation. At least 2 of the representatives shall be appointed from among residents of communities located in Prince William Sound. The Secretary shall appoint residents to serve terms of 2 years each, from a list of 8 qualified individuals to be submitted by the Governor of the State of Alaska based on recommendations made by the governing body of each affected community. Each affected community may submit the names of 2 qualified individuals for the Governor's consideration. No more than 5 of the 8 qualified
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 543 persons recommended by the Governor shall be members of the same political party. (D) 3 Alaska Natives who represent Native entities af- fected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, to serve terms of 2 years each from a list of 6 qualified individuals submitted by the Alaska Federation of Natives. (E) One nonvoting representative of the Institute of Marine Science. (F) One nonvoting representative appointed by the Prince William Sound Science and Technology Institute. (2) CHAIRMAN.—The representative of the Secretary of Com- merce shall serve as Chairman of the Advisory Board. (3) PouciES.—Policies determined by the Advisory Board under this subsection shall include policies for the conduct and support, through contracts and grants awarded on a nationally competitive basis, of research, projects, and studies to be sup- ported by the Institute in accordance with the purposes of this section. (d) SCIENTIFIC AND TECHNICAL COMMITTEE.— Establishment. (1) I N GENERAL.—The Advisory Board shall establish a sci- entific and technical committee, composed of specialists in mat- ters relating to oil spill containment and cleanup technology, arctic and subarctic marine ecology, and the living resources and socioeconomics of Prince William Sound and its adjacent waters, from the University of Alaska, the Institute of Marine Science, the Prince William Sound Science and Technology Institute, and elsewhere in the academic community. (2) FUNCTIONS.—The Scientific and Technical Committee shall provide such advice to the Advisory Board as the Advisory Board shall request, including recommendations regarding the conduct and support of research, projects, and studies in accord- ance with the purposes of this section. The Advisory Board shall not request, and the Committee shall not provide, any advice which is not directly related to the EXXON VALDEZ oil spill or the effects thereof. (e) DIRECTOR.—The Institute shall be administered by a Director appointed by the Secretary of Commerce. The Prince William Sound Science and Technology Institute, the Advisory Board, and the Scientific and Technical Committee may each submit independent recommendations for the Secretary's consideration for appointment as Director. The Director may hire such staff and incur such ex- penses on behalf of the Institute as are authorized by the Advisory Board. (f) EVALUATION.—The Secretary of Commerce may conduct an ongoing evaluation of the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section. (g) AUDIT.—The Comptroller General of the United States, and any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute and its administering agency that are pertinent to the funds received and expended by the Institute and its administering agency. -194 O - 91 - 19 : QL 3 Part 1
104 STAT. 544 PUBLIC LAW 101-380—AUG. 18, 1990 (h) STATUS OF EMPLOYEES.—Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose. (i) TERMINATION.—The Institute shall terminate 10 years after the date of the enactment of this Act. (j) USE OF FUNDS.—All funds authorized for the Institute shall be provided through the National Oceanic and Atmospheric Adminis- tration. No funds made available to carry out this section may be used to initiate litigation. No funds made available to carry out this section may be used for the acquisition of real property (including buildings) or construction of any building. No more than 20 percent of funds made available to carry out this section may be used to lease necessary facilities and to administer the Institute. None of the funds authorized by this section shall be used for any purpose other than the functions specified in subsection O^)- Public (k) RESEARCH.—The Institute shall publish and make available to information. any person upon request the results of all research, educational, and demonstration projects conducted by the Institute. The Adminis- trator shall provide a copy of all research, educational, and dem- onstration projects conducted by the Institute to the National Oce- anic and Atmospheric Administration. (1) DEFINITIONS.—In this section, the term "Prince William Sound and its adjacent waters" means such sound and waters as generally depicted on the map entitled "EXXON VALDEZ oil spill dated March 1990". Oil Terminal SEC. 5002. TERMINAL AND TANKER OVERSIGHT AND MONITORING. and Oil Tanker Environmental (a) SHORT TITLE AND FINDINGS.— Oversight and (1) SHORT TITLE.—This section may be cited as the "Oil Termi- Monitoring Act nal and Oil Tanker Environmental Oversight and Monitoring of 1990. Act of 1990". 33 u s e 2732. (2) FINDINGS.—The Congress finds that— (A) the March 24, 1989, grounding and rupture of the fully loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons of crude oil in Prince William Sound, an environmentally sensitive area; (B) many people believe that complacency on the part of the industry and government personnel responsible for monitoring the operation of the Valdez terminal and vessel traffic in Prince William Sound was one of the contributing factors to the EXXON VALDEZ oil spill; (C) one way to combat this complacency is to involve local citizens in the process of preparing, adopting, and revising oil spill contingency plans; (D) a mechanism should be established which fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals; (E) such a mechanism presently exists at the SuUom Voe terminal in the Shetland Islands and this terminal should serve as a model for others; (F) because of the effective partnership that has devel- oped at SuUom Voe, SuUom Voe is considered the safest terminal in Europe; (G) the present system of regulation and oversight of crude oil terminals in the United States has degenerated into a process of continual mistrust and confrontation;
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 545 (H) only when local citizens are involved in the process will the trust develop that is necessary to change the present system from confrontation to consensus; (I) a pilot program patterned after SuUom Voe should be established in Alaska to further refine the concepts and relationships involved; and (J) similar programs should eventually be established in other major crude oil terminals in the United States be- cause the recent oil spills in Texas, Delaware, and Rhode Island indicate that the safe transportation of crude oil is a national problem. (b) DEMONSTRATION PROGRAMS.— (1) ESTABLISHMENT.—There are established 2 Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Dem- onstration Programs (hereinafter referred to as "Programs") to be carried out in the State of Alaska. (2) ADVISORY FUNCTION.—The function of these Programs shall be advisory only. (3) PURPOSE.—The Prince William Sound Program shall be responsible for environmental monitoring of the terminal facili- ties in Prince William Sound and the crude oil tankers operat- ing in Prince William Sound. The Cook Inlet Program shall be responsible for environmental monitoring of the terminal facili- ties and crude oil tankers operating in Cook Inlet located South of the latitude at Point Possession and North of the latitude at Amatuli Island, including offshore facilities in Cook Inlet. (4) SUITS BARRED.—No program, association, council, commit- tee or other organization created by this section may sue any person or entity, public or private, concerning any matter aris- ing under this section except for the performance of contracts. (c) OIL TERMINAL FACILITIES AND OIL TANKER OPERATIONS ASSOCIATION.— (1) ESTABLISHMENT.—There is established an Oil Terminal Facilities and Oil Tanker Operations Association (hereinafter in this section referred to as the "Association") for each of the Programs established under subsection (b). (2) MEMBERSHIP.—Each Association shall be comprised of 4 individuals as follows: (A) One individual shall be designated by the owners and operators of the terminal facilities and shall represent those owners and operators. (B) One individual shall be designated by the owners and operators of the crude oil tankers calling at the terminal facilities and shall represent those owners and operators. (C) One individual shall be an employee of the State of Alaska, shall be designated by the Governor of the State of Alaska, and shall represent the State government. (D) One individual shall be an employee of the Federal Government, shall be designated by the President, and shall represent the Federal Government. (3) RESPONSIBIUTIES.—Each Association shall be responsible for reviewing policies relating to the operation and mainte- nance of the oil terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of their respective terminals. Each Association shall provide a forum among the owners and operators of the terminal facilities, the owners and operators of crude oil tankers calling at those
104 STAT. 546 PUBLIC LAW 101-380—AUG. 18, 1990 facilities, the United States, and the State of Alaska to discuss and to make recommendations concerning all permits, plans, and site-specific regulations governing the activities and actions of the terminal facilities which affect or may affect the environ- ment in the vicinity of the terminal facilities and of crude oil tankers calling at those facilities. (4) DESIGNATION OF EXISTING ORGANIZATION.—The Secretary may designate an existing nonprofit organization as an Associa- tion under this subsection if the organization is organized to meet the purposes of this section and consists of at leeist the individuals listed in pareigraph (2). (d) REGIONAL CITIZENS' ADVISORY COUNCILS.— (1) MEMBERSHIP.—There is established a Regional Citizens' Advisory Council (hereinafter in this section referred to as the "Council") for each of the programs established by subsection (b). (2) MEMBERSHIP.—Each Council shall be composed of voting members and nonvoting members, as follows: (A) VOTING MEMBERS.—Voting members shall be Alaska residents and, except as provided in clause (vii) of this paragraph, shall be appointed by the Governor of the State of Alaska from a list of nominees provided by each of the following interests, with one representative appointed to represent each of the following interests, taking into consid- eration the need for regional balance on the Council: (i) Local commercial fishing industry organizations, the members of which depend on the fisheries re- sources of the waters in the vicinity of the terminal facilities. (ii) Aquaculture associations in the vicinity of t h ^ terminal facilities. (iii) Alaska Native Corporations and other Alaska Native organizations the members of which reside in the vicinity of the terminal facilities. (iv) Environmental organizations the members of which reside in the vicinity of the terminal facilities. (v) Recreational organizations the members of which reside in or use the vicinity of the terminal facilities. (vi) The Alaska State Chamber of Commerce, to rep- resent the locally based tourist industry. (viiXD For the Prince William Sound Terminal Facili- ties Council, one representative selected by each of the following municipalities: Cordova, Whittier, Seward, Valdez, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough. (II) For the Cook Inlet Terminal Facilities Council, one representative selected by each of the following municipalities: Homer, Seldovia, Anchorage, Kenai, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough. (B) NONVOTING MEMBERS.—One ex-officio, nonvoting rep- resentative shall be designated by, and represent, each of the following: (i) The Environmental Protection Agency, (ii) The Coast Guard. (iii) The National Oceanic and Atmospheric Adminis- tration.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 547 (iv) The United States Forest Service. (v) The Bureau of Land Management. (vi) The Alaska Department of Environmental Con- servation. (vii) The Alaska Department of Fish and Game. (viii) The Alaska Department of Natural Resources. (ix) The Division of Emergency Services, Alaska Department of Military and Veterans Affairs. (3) TERMS.— (A) DURATION OF COUNCILS.—The term of the Councils shall continue throughout the life of the operation of the Trans-Alaska Pipeline System and so long as oil is trans- ported to or from Cook Inlet. (B) THREE YEARS.—The voting members of each Council shall be appointed for a term of 3 years except as provided for in subparagraph (C). (C) INITIAL APPOINTMENTS.—The terms of the first appointments shall be as follows: (i) For the appointments by the Governor of the State of Alaska, one-third shall serve for 3 years, one-third shall serve for 2 years, and one-third shall serve for one year. (ii) For the representatives of municipalities required by subsection (d)(2)(A)(vii), a drawing of lots among the appointees shall determine that one-third of that group serves for 3 years, one-third serves for 2 years, and the remainder serves for 1 year. (4) SELF-GOVERNING.—Each Council shall elect its own chair- person, select its own staff, and make policies with regard to its internal operating procedures. After the initial organizational meeting called by the Secretary under subsection (i), each Coun- cil shall be self-governing. (5) DUAL MEMBERSHIP AND CONFUCTS OF INTEREST PROHIB- ITED.—(A) No individual selected as a member of the Council shall serve on the Association. (B) No individual selected as a voting member of the Council shall be engaged in any activity which might conflict with such individual carrying out his functions as a member thereof. (6) DUTIES.—Each Council shall— (A) provide advice and recommendations to the Associa- tion on policies, permits, and site-specific regulations relat- ing to the operation and maintenance of terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of the terminal facilities; (B) monitor through the committee established under subsection (e), the environmental impacts of the operation of the terminal facilities and crude oil tankers; (C) monitor those aspects of terminal facilities' and crude oil tankers' operations and maintenance which affect or may affect the environment in the vicinity of the terminal facilities; (D) review through the committee established under subsection (f), the adequacy of oil spill prevention and contingency plans for the terminal facilities and the ade- quacy of oil spill prevention and contingency plans for crude oil tankers, operating in Prince William Sound or in Cook Inlet;
104 STAT. 548 PUBLIC LAW 101-380—AUG. 18, 1990 (E) provide advice and recommendations to the Associa- tion on port operations, policies and practices; (F) recommend to the Association— (i) standards and stipulations for permits and site- specific regulations intended to minimize the impact of the terminal facilities' and crude oil tankers oper- ations in the vicinity of the terminal facilities; (ii) modifications of terminal facility operations and maintenance intended to minimize the risk and miti- gate the impact of terminal facilities, operations in the vicinity of the terminal facilities and to minimize the risk of oil spills; (iii) modifications of crude oil tanker operations and maintenance in Prince William Sound and Cook Inlet intended to minimize the risk and mitigate the impact of oil spills; and (iv) modifications to the oil spill prevention and contingency plans for terminal facilities and for crude oil tankers in Prince William Sound and Cook Inlet intended to enhance the ability to prevent and respond to an oil spill; and (G) create additional committees of the Council as nec- essary to carry out the above functions, including a sci- entific and technical advisory committee to the Prince Wil- liam Sound Council. (7) No ESTOPPEL.—No Council shall be held liable under State or Federal law for costs or damages as a result of rendering advice under this section. Nor shall any advice given by a voting member of a Council, or program representative or agent, be grounds for estopping the interests represented by the voting Council members from seeking damages or other appropriate relief. (8) SCIENTIFIC WORK.—In carrjdng out its research, develop- ment and monitoring functions, each Council is authorized to conduct its own scientific research and shall review the sci- entific work undertaken by or on behalf of the terminal opera- tors or crude oil tanker operators as a result of a legal require- ment to undertake that work. Each Council shall also review the relevant scientific work undertaken by or on behalf of any government entity relating to the terminal facilities or crude oil tankers. To the extent possible, to avoid unnecessary duplica- tion, each Council shall coordinate its independent scientific work with the scientific work performed by or on behalf of the terminal operators and with the scientific work performed by or on behalf of the operators of the crude oil tankers. (e) COMMITTEE FOR TERMINAL AND OIL TANKER OPERATIONS AND ENVIRONMENTAL MONITORING.— (1) MONITORING COMMITTEE.—Each Council shall establish a standing Terminal and Oil Tanker Operations and Environ- mental Monitoring Committee (hereinafter in this section re- ferred to as the "Monitoring Committee") to devise and manage a comprehensive program of monitoring the environmental impacts of the operations of terminal facilities and of crude oil tankers while operating in Prince William Sound and Cook Inlet. The membership of the Monitoring Committee shall be made up of members of the Council, citizens, and recognized scientific experts selected by the Council. 39-139 0-90-3(380)
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 549 (2) DUTIES.—In fulfilling its responsibilities, the Monitoring Committee shall— (A) advise the Council on a monitoring strategy that will permit early detection of environmental impacts of termi- nal facility operations and crude oil tanker operations while in Prince William Sound and Cook Inlet; (B) develop monitoring programs and make recommenda- tions to the Council on the implementation of those pro- grams; (C) at its discretion, select and contract with universities and other scientific institutions to carry out specific mon- itoring projects authorized by the Council pursuant to an approved monitoring strategy; (D) complete any other tasks assigned by the Council; and (E) provide written reports to the Council which interpret Reports, and assess the results of all monitoring programs. (f) COMMITTEE FOR OIL SPILL PREVENTION, SAFETY, AND EMER- GENCY RESPONSE.— (1) TECHNICAL OIL SPILL COMMITTEE.—Each Council shall establish a standing technical committee (hereinafter referred to as "Oil Spill Committee") to review and assess measures designed to prevent oil spills and the planning and prepared- ness for responding to, containing, cleaning up, and mitigating impacts of oil spills. The membership of the Oil Spill Committee shall be made up of members of the Council, citizens, and recognized technical experts selected by the Council. (2) DUTIES.—In fulfilling its responsibilities, the Oil Spill Committiee shall— (A) periodically review the respective oil spill prevention and contingency plans for the terminal facilities and for the crude oil tankers while in Prince William Sound or Cook Inlet, in light of new technological developments and changed circumstances; (B) monitor periodic drills and testing of the oil spill contingency plans for the terminal facilities and for crude oil tankers while in Prince William Sound and Cook Inlet; (C) study wind and water currents and other environ- mental factors in the vicinity of the terminal facilities which may affect the ability to prevent, respond to, contain, and clean up an oil spill; (D) identify highly sensitive areas which may require specific protective measures in the event of a spill in Prince William Sound or Cook Inlet; (E) monitor developments in oil spill prevention, contain- ment, response, and cleanup technology; (F) periodically review port organization, operations, in- cidents, and the adequacy and maintenance of vessel traffic service systems designed to assure safe transit of crude oil tankers pertinent to terminal operations; (G) periodically review the standards for tankers bound for, loading at, exiting from, or otherwise using the termi- nal facilities; (H) complete any other tasks assigned by the Council; and Reports. (I) provide written reports to the Council outlining its findings and recommendations. (g) AGENCY COOPERATION.—On and after the expiration of the 180- day period following the date of the enactment of this section, ieach
104 STAT. 550 PUBLIC LAW 101-380—AUG. 18, 1990 Federal department, agency, or other instrumentality shall, with respect to all permits, site-specific regulations, and other matters governing the activities and actions of the terminal facilities which affect or may affect the vicinity of the terminal facilities, consult with the appropriate Council prior to taking substantive action with respect to the permit, site-specific regulation, or other matter. This consultation shall be carried out with a view to enabling the appro- priate Association and Council to review the permit, site-specific regulation, or other matters and make appropriate recommenda- tions regarding operations, policy or agency actions. Prior consulta- tion shall not be required if an authorized Federal agency represent- ative reasonably believes that an emergency exists requiring action without delay. (h) RECOMMENDATIONS OF THE COUNCIL.—In the event that the Association does not adopt, or significantly modifies before adoption, any recommendation of the Council made pursuant to the authority granted to the Council in subsection (d), the Association shall pro- vide to the Council, in writing, within 5 days of its decision, notice of its decision and a written statement of reasons for its rejection or significant modification of the recommendation. (i) ADMINISTRATIVE ACTIONS.—Appointments, designations, and selections of individuals to serve as members of the Associations and Councils under this section shall be submitted to the Secretary prior to the expiration of the 120-day period following the date of the enactment of this section. On or before the expiration of the 180-day period following that date of enactment of this section, the Secretary shall call an initial meeting of each Association and Council for organizational purposes. 0) LOCATION AND COMPENSATION.— (1) LOCATION.—Each Association and Council established by this section shall be located in the State of Alaska. (2) COMPENSATION.—No member of an Association or Council shall be compensated for the member's services as a member of the Association or Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at a rate established by the Association or Council not to exceed the rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. However, each Council may enter into contracts to provide compensation and expenses to members of the committees created under subsections (d), (e), and (f). (k) FUNDING.— (1) REQUIREMENT.—Approval of the contingency plans re- quired of owners and operators of the Cook Inlet and Prince William Sound terminal facilities and crude oil tankers while operating in Alaskan waters in commerce with those terminal facilities shall be effective only so long as the respective Associa- tion and Council for a facility are funded pursuant to paragraph (2). (2) PRINCE WILUAM SOUND PROGRAM.—The owners or opera- tors of terminal facilities or crude oil tankers operating in Prince William Sound shall provide, on an annual basis, an aggregate amount of not more than $2,000,000, as determined by the Secretary. Such amount— (A) shall provide for the establishment and operation on the environmental oversight and monitoring program in Prince William Sound;
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 551 (B) shall be adjusted annually by the Anchorage Consumer Price Index; and (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound and the Prince William Sound terminal facilities Council. (3) COOK INLET PROGRAM.—The owners or operators of termi- nal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet shall provide, on an annual basis, an aggregate amount of not more than $1,000,000, as determined by the Secretary. Such amount— (A) shall provide for the establishment and operation of the environmental oversight and monitoring program in Cook Inlet; (B) shall be adjusted annually by the Anchoreige Consumer Price Index; and (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet and the Cook Inlet Council. (1) REPORTS.— (1) ASSOCIATIONS AND COUNCILS.—Prior to the expiration of the 36-month period following the date of the enactment of this section, each Association and Council established by this section shall report to the President and the Congress concerning its activities under this section, together with its recommendations. (2) GAO.—Prior to the expiration of the 36-month period following the date of the enactment of this section, the General Accounting Office shall report to the President and the Con- gress as to the handling of funds, including donated funds, by the entities carrying out the programs under this section, and the effectiveness of the demonstration programs carried out under this section, together with its recommendations. (m) DEFINITIONS.—As used in this section, the term— (1) "terminal facilities" means— (A) in the case of the Prince William Sound Program, the entire oil terminal complex located in Valdez, Alaska, consisting of approximately 1,000 acres including all build- ings, docks (except docks owned by the City of Valdez if those docks are not used for loading of crude oil), pipes, piping, roads, ponds, tanks, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, vehicles, and other facilities asso- ciated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex; and (B) in the case of the Cook Inlet Program, the entire oil terminal complex including all buildings, docks, pipes, piping, roads, ponds, tanks, vessels, vehicles, crude oil tank- ers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, emergency spill response vessels owned or operated by the operator of the terminal, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex; (2) "crude oil tanker" means a tanker (as that term is defined under section 2101 of title 46, United States Code)—
104 STAT. 552 PUBLIC LAW 101-380—AUG. 18, 1990 (A) in the case of the Prince William Sound Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries, operating north of Middleston Island and bound for or exiting from Prince William Sound; and (B) in the ceise of the Cook Inlet Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries and operating in Cook Inlet and the Gulf of Alaska north of Amatuli Island, including tankers transiting to Cook Inlet from Prince William Sound; (3) "vicinity of the terminal facilities" means that geographi- cal area surrounding the environment of terminal facilities which is directly affected or may be directly affected by the operation of the terminal facilities; and (4) "Secretary" means the Secretary of Transportation, (n) SAVINGS CLAUSE.— (1) REGULATORY AUTHORITY.—Nothing in this section shall be construed as modifying, repealing, superseding, or preempting any municipal. State or Federal law or regulation, or in any way affecting litigation arising from oil spills or the rights and responsibilities of the United States or the State of Alaska, or municipalities thereof, to preserve and protect the environment through regulation of land, air, and water uses, of safety, and of related development. The monitoring provided for by this sec- tion shall be designed to help assure compliance with applicable laws and regulations and shall only extend to activities— (A) that would affect or have the potential to affect the vicinity of the terminal facilities and the area of crude oil tanker operations included in the Programs; and (B) are subject to the United States or State of Alaska, or municipality thereof, law, regulation, or other legal require- ment. (2) RECOMMENDATIONS.—This subsection is not intended to prevent the Association or Council from recommending to appropriate authorities that existing legal requirements should be modified or that new legal requirements should be adopted. Contracts. (o) ALTERNATIVE VOLUNTARY ADVISORY GROUP IN LlEU OF COUN- CIL.—The requirements of subsections (c) through (1), as such subsec- tions apply respectively to the Prince William Sound Program and the Cook Inlet Program, are deemed to have been satisfied so long as the following conditions are met: (1) PRINCE WILLIAM SOUND.—With respect to the Prince Wil- liam Sound Program, the Alyeska Pipeline Service Company or any of its owner companies enters into a contract for the duration of the operation of the Trans-Alaska Pipeline System with the Alyeska Citizens Advisory Committee in existence on the date of enactment of this section, or a successor organiza- tion, to fund that Committee or organization on an annual basis in the amount provided for by subsection (k)(2)(A) and the President annually certifies that the Committee or organization fosters the general goals and purposes of this section and is broadly representative of the communities and interests in the vicinity of the terminal facilities and Prince William Sound. (2) COOK INLET.—With respect to the Cook Inlet Program, the terminal facilities, offshore facilities, or crude oil tanker owners and operators enter into a contract with a voluntary advisory
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 553 organization to fund that organization on an annual basis and the President annually certifies that the organization fosters the general goals and purposes of this section and is broadly representative of the communities and interests in the vicinity of the terminal facilities and Cook Inlet. SEC. 5003. BLIGH REEF LIGHT. 33 USC 2733. The Secretary of Transportation shall within one year after the date of the enactment of this title install and ensure operation of an automated navigation light on or adjacent to Bligh Reef in Prince William Sound, Alaska, of sufficient power and height to provide long-range warning of the location of Bligh Reef. SEC. 5004. VESSEL TRAFFIC SERVICE SYSTEM. 33 USC 2734. The Secretary of Transportation shall within one year after the date of the enactment of this title— (1) acquire, install, and operate such additional equipment Regulations. (which may consist of radar, closed circuit television, satellite tracking systems, or other shipboard dependent surveillance), train and locate such personnel, and issue such final regulations as are necessary to increase the range of the existing VTS system in the Port of Valdez, Alaska, sufficiently to track the locations and movements of tank vessels carrying oil from the Trans-Alaska Pipeline when such vessels are transiting Prince William Sound, Alaska, and to sound an audible alarm when such tankers depart from designated navigation routes; and (2) submit to the Committee on Commerce, Science, and Reports. Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a report on the feasibility and desirability of instituting positive control of tank vessel movements in Prince William Sound by Coast Guard personnel using the Port of Valdez, Alaska, VTS system, as modified pursuant to paragraph (1). SEC. 5005. EQUIPMENT AND PERSONNEL REQUIREMENTS UNDER TANK 33 USC 2735. VESSEL AND FACILITY RESPONSE PLANS. (a) I N GENERAL.—In addition to the requirements for response plans for vessels established by section 311(j) of the Federal Water Pollution Control Act, as amended by this Act, a response plan for a tank vessel operating on Prince William Sound, or a facility per- mitted under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), shall provide for— (1) prepositioned oil spill containment and removal equipment in communities and other strategic locations within the geo- graphic boundaries of Prince William Sound, including escort vessels with skimming capability; barges to receive recovered oil; heavy duty sea boom, pumping, transferring, and lightering equipment; and other appropriate removal equipment for the protection of the environment, including fish hatcheries; (2) the establishment of an oil spill removal organization at appropriate locations in Prince William Sound, consisting of trained personnel in sufficient numbers to immediately remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater; (3) training in oil removal techniques for local residents and individuals engaged in the cultivation or production of fish or fish products in Prince William Sound;
104 STAT. 554 PUBLIC LAW 101-380—AUG. 18, 1990 (4) practice exercises not less than 2 times per year which test the capacity of the equipment and personnel required under this paragraph; and (5) periodic testing and certification of equipment required under this paragraph, as required by the Secretary. (b) DEFINITIONS.—In this section— (1) the term "Prince William Sound" means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to and encompass- ing Seal Rocks; and (2) the term "worst case discharge" means— (A) in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and (B) in the case of a facility, the largest foreseeable dis- charge in adverse weather conditions. 33 u s e 2736. SEC. 5006. FUNDING. (a) SECTION 5001.—Amounts in the Fund shall be available, sub- ject to appropriations, and shall remain available until expended, to carry out section 5001 £is follows: (1) $5,000,000 shall be available for the first fiscal year begin- ning after the date of enactment of this Act. (2) $2,000,000 shall be available for each of the 9 fiscal years following the fiscal year described in paragraph (1). (b) SECTIONS 5003 AND 5004.—Amounts in the Fund shall be available, without further appropriations and without fiscal year limitation, to carry out sections 5003 and 5004, in an amount not to exceed $5,000,000. 33 u s e 2737. SEC. 5007. LIMITATION. Notwithstanding any other law, tank vessels that have spilled more than 1,000,000 gallons of oil into the marine environment after March 22, 1989, are prohibited from operating on the navigable waters of Prince William Sound, Alaska. TITLE VI—MISCELLANEOUS 33 u s e 2751. SEC. 6001. SAVINGS PROVISIONS. (a) CROSS-REFERENCES.—A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. db) CONTINUATION OF REGULATIONS.—An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. (c) RULE OF CONSTRUCTION.—An inference of legislative construc- tion shall not be drawn by reason of the caption or catch line of a provision enacted by this Act. (d) ACTIONS AND RIGHTS.—Nothing in this Act shall apply to any rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act, except as provided by this section, and shall be adjudicated pursuant to the law applicable on the date prior to the date of the enactment of this Act. (e) ADMIRALTY AND MARITIME LAW.—Except as otherwise provided in this Act, this Act does not affect—
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 555 (1) admiralty and maritime law; or (2) the jurisdiction of the district courts of the United States with respect to civil actions under admiralty and maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled. SEC. 6002. ANNUAL APPROPRIATIONS. 33 USC 2752. (a) REQUIRED.—Except as provided in subsection (b), amounts in the Fund shall be available only as provided in annual appropria- tion Acts. (b) EXCEPTIONS.—Subsection (a) shall not apply to sections 1006(f), 1012(aX4), or 500603), and shall not apply to an amount not to exceed $50,000,000 in any fiscal year which the President may make avail- able from the Fund to carry out section 311(c) of the Federal Water Pollution Control Act, as amended by this Act, and to initiate the assessment of natural resources damages required under section 1006. Sums to which this subsection applies shall remain available until expended. SEC. 6003. OUTER BANKS PROTECTION. Outer Banks ProtGction Act (a) SHORT TITLE.—This section may be cited as the "Outer Banks North Carolina. Protection Act". 33 use 2753. 0>) FINDINGS.—The Congress finds that— (1) the Outer Banks of North Carolina is an area of excep- tional environmental fragility and beauty; (2) the annual economic benefits of commercial and rec- reational fishing activities to North Carolina, which could be adversely affected by oil or gas development offshore the State's coast, exceeds $1,000,000,000; (3) the major industry in coastal North Carolina is tourism, which is subject to potentially significant disruption by offshore oil or gas development; (4) the physical oceanographic characteristics of the area offshore North Carolina between Cape Hatteras and the mouth of the Chesapeake Bay are not well understood, being affected by Gulf Stream western boundary perturbations and accom- panjdng warm filaments, warm and cold core rings which sepa- rate from the Gulf Stream, wind stress, outflow from the Chesa- - peake Bay, Gulf Stream meanders, and intrusions of Virginia coastal waters around and over the Diamond shoals; (5) diverse and abundant fisheries resources occur in the western boundary area of the Gulf Stream offshore North Caro- lina, but little is understood of the complex ecological relation- ships between the life histories of those species and their phys- ical, chemical, and biological environment; (6) the environmental impact statements prepared for Outer Continental Shelf lease sales numbered 56 (1981) and 78 (1983) contain insufficient and outdated environmental information from which to make decisions on approval of additional oil and gas leasing, exploration, and development activities; (7) the draft environmental report, dated November 1, 1989, and the preliminary final environmental report dated June 1, 1990, prepared pursuant to a July 14, 1989 memorandum of understanding between the State of North Carolina, the Depart- ment of the Interior, and the Mobil Oil Company, have not allayed concerns about the adequacy of the environmental information available to determine whether to proceed with
104 STAT. 556 PUBLIC LAW 101-380—AUG. 18, 1990 additional offshore leasing, exploration, or development off- shore North Carolina; and (8) the National Research Council report entitled "The Ade- quacy of Environmental Information for Outer Continental Shelf Oil and Gas Decisions: Florida and California", issued in 1989, concluded that— (A) information with respect to those States, which have received greater scrutiny than has North Carolina, is inad- equate; and (B) there are serious generic defects in the Minerals Management Service's methods of environmental analysis, reinforcing concerns about the adequacy of the scientific and technical information which are the basis for a decision to lease additional tracts or approve an exploration plan offshore North Carolina, especially with respect to oceanographic, ecological, and socioeconomic information. (c) PROHIBITION OF OIL AND GAS LEASING, EXPLORATION, AND DEVELOPMENT.— (1) PROHIBITION.—The Secretary of the Interior shall not— (A) conduct a lesise sale; (B) issue any new leases; (C) approve any exploration plan; (D) approve any development and production plan; (E) approve any application for permit to drill; or (F) permit any drilling, for oil or g£is under the Outer Continental Shelf Lands Act on any lands of the Outer Continental Shelf offshore North Caro- lina. (2) BOUNDARIES.—For purposes of paragraph (1), the term "offshore North Carolina" means the area within the lateral seaward boundaries between areas offshore North Carolina and areas offshore— (A) Virginia as provided in the joint resolution entitled "Joint resolution granting the consent of Congress to an agreement between the States of North Carolina and Vir- ginia establishing their lateral seaward boundary" ap- proved October 27,1972 (86 Stat. 1298); and (B) South Carolina as provided in the Act entitled "An Act granting the consent of Congress to the agreement between the States of North Carolina and South Carolina establishing their lateral seaward boundary" approved October 9,1981 (95 Stat. 988). (3) DURATION OF PROHIBITION.— (A) IN GENERAL.—The prohibition under pargigraph (1) shall remain in effect until the later of—: (i) October 1,1991; or Reports. (ii) 45 days of continuous session of the Congress after submission of a written report to the Congress by the Secretary of the Interior, made after consideration of the findings and recommendations of the Environ- mental Sciences Review Panel under subsection (e)— (I) certifjdng that the information available, including information acquired pursuant to subsec- tion (d), is sufficient to enable the Secretary to carry out his responsibilities under the Outer Con- tinental Shelf Lands Act with respect to authoriz- ing the activities described in paragraph (1); and
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 557 (II) including a detailed explanation of any dif- ferences between such certification and the find- ings and recommendations of the Environmental Sciences Review Panel under subsection (e), and a detailed justification of each such difference. (B) CONTINUOUS SESSION OF CONGRESS.—In computing any 45-day period of continuous session of Congress under subparagraph (AXii)— (i) continuity of session is broken only by an adjourn- ment of the Congress sine die; and (ii) the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain are excluded. (d) ADDITIONAL ENVIRONMENTAL INFORMATION.—The Secretary of the Interior shall undertake ecological and socioeconomic studies, additional physical oceanographic studies, including actual field work and the correlation of existing data, and other additional environmental studies, to obtain sufficient information about all significant conditions, processes, and environments which influence, or may be influenced by, oil and gas leasing, exploration, and development activities offshore North Carolina to enable the Sec- retary to carry out his responsibilities under the Outer Continental Shelf Lands Act with respect to authorizing the activities described in subsection (c)(1). During the time that the Environmental Sci- ences Review Panel established under subsection (e) is in existence, the Secretary of the Interior shall consult with such Panel in carrying out this subsection. (e) ENVIRONMENTAL SCIENCES REVIEW PANEL.— Establishment. (1) ESTABLISHMENT AND MEMBERSHIP.—There shall be estab- lished an Environmental Sciences Review Panel, to consist of— (A) 1 marine scientist selected by the Secretary of the Interior; (B) 1 marine scientist selected by the Governor of North Carolina; and (C) 1 person each from the disciplines of physical oceanog- raphy, ecology, and social science, to be selected jointly by the Secretary of the Interior and the Governor of North Carolina from a list of individuals nominated by the Na- tional Academy of Sciences. (2) FUNCTIONS.—Not later than 6 months after the date of the enactment of this Act, the Environmental Sciences Review Panel shall— (A) prepare and submit to the Secretary of the Interior findings and recommendations— (i) assessing the adequacy of available physical oceanographic, ecological, and socioeconomic informa- tion in enabling the Secretary to carry out his respon- sibilities under the Outer Continental Shelf Lands Act with respect to authorizing the activities described in subsection (c)(1); and (ii) if such available information is not adequate for such purposes, indicating what additional information is required to enable the Secretary to carry out such responsibilities; and (B) consult with the Secretary of the Interior as provided in subsection (d).
104 STAT. 558 PUBLIC LAW 101-380—AUG. 18, 1990 (3) EXPENSES.—Each member of the Environmental Sciences Review Panel shall be reimbursed for actual travel expenses and shall receive per diem in lieu of subsistence for each day such member is engaged in the business of the Environmental Sciences Review Panel. (4) TERMINATION.—The Environmental Sciences Review Panel shall be terminated after the submission of all findings and recommendations required under paragraph (2)(A). (f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of the Interior to carry out this section not to exceed $500,000 for fiscal year 1991, to remain avail- able until expended. SEC. 6004. COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON- BEARING AREAS. (a) AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT.—Sec- tion 5 of the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1334), is amended by adding a new subsection (j) as follows: "(j) COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-BEAR- ING AREAS.— "(1) FINDINGS.— "(A) The Congress of the United States finds that the unrestrained competitive production of hydrocarbons from a common hydrocarbon-bearing geological area underlying the Federal and State boundary may result in a number of harmful national effects, including— "(i) the drilling of unnecessary wells, the installation of unnecessary facilities and other imprudent operating practices that result in economic waste, environmental damage, and damage to life and property; "(ii) the physical waste of hydrocarbons and an un- necessary reduction in the amounts of hydrocarbons that can be produced from certain hydrocarbon-bearing areas; and "(iii) the loss of correlative rights which can result in the reduced value of national hydrocarbon resources and disorders in the leasing of Federal and State resources. "(2) PREVENTION OF HARMFUL EFFECTS.—The Secretary shall prevent, through the cooperative development of an area, the harmful effects of unrestrained competitive production of hydrocarbons from a common hydrocarbon-bearing area under- lying the Federal and State boundary.". Louisiana. Ot)) EXCEPTION FOR WEST DELTA FIELD.—Section 5(j) of the Outer ILY^^ ^^^^ Continental Shelf Lands Act, as added by this section, shall not be note. applicable with respect to Blocks 17 and 18 of the West Delta Field offshore Louisiana. (c) AUTHORIZATION OF APPROPRIATIONS.—There are hereby au- thorized to be appropriated such sums as may be necessary to provide compensation, including interest, to the State of Louisiana and its lessees, for net drainage of oil and gas resources £is deter- mined in the Third Party Factfinder Louisiana Boundary Study dated March 21,1989. For purposes of this section, such lessees shall include those persons with an ownership interest in State of Louisi- ana leases SL10087, SL10088 or SL10187, or ownership interests in the production or proceeds therefrom, as established by assignment.
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 559 contract or otherwise. Interest shall be computed for the period March 21,1989 until the date of payment. TITLE VII—OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM. 33 USC 2761. (a) INTERAGENCY COORDINATING COMMITTEE ON OIL POLLUTION RESEARCH.— (1) ESTABLISHMENT.—There is established an Interagency Co- ordinating Committee on Oil Pollution Research (hereinafter in this section referred to as the "Interagency Committee"). (2) PURPOSES.—The Intersigency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, universities, research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mecha- nisms, including the joint funding of research. (3) MEMBERSHIP.—The Interagency Committee shall include representatives from the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Depart- ment of Energy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Transportation (including the United States Coast Guard, the Maritime Administration, and the Research and Special Projects Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Environmental Protection Agency, the Na- tional Aeronautics and Space Administration, and the United States Fire Administration in the Federal Emergency Manage- ment Agency, as well as such other Federal agencies as the President may designate. A representative of the Department of Transportation shall serve as Chairman. Qo) OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.— (1) IMPLEMENTATION PLAN.—Within 180 days after the date of enactment of this Act, the Interagency Committee shall submit to Congress a plan for the implementation of the oil pollution research, development, and demonstration program established pursuant to subsection (c). The research plan shall— (A) identify agency roles and responsibilities; (B) assess the current status of knowledge on oil pollution prevention, response, and mitigation technologies and ef- fects of oil pollution on the environment; (C) identify significant oil pollution research gaps includ- ing an assessment of major technological deficiencies in responses to past oil discharges; (D) establish research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects; (E) estimate the resources needed to conduct the oil pollution research and development program established
104 STAT. 560 PUBLIC LAW 101-380—AUG. 18, 1990 pursuant to subsection (c), and timetables for completing research tasks; and (F) identify, in consultation with the States, regional oil pollution research needs and priorities for a coordinated, multidisciplinary program of research at the regional level. Contracts. (2) ADVICE AND GUIDANCE.—The Chairman, through the Department of Transportation, shall contract with the National Academy of Sciences to— (A) provide advice and guidance in the preparation and development of the research plan; and Reports. (B) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment. The National Institute of Standards and Technology shall pro- vide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measure- ments relating to its activities under this section, (c) OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.— (1) ESTABLISHMENT.—The Interagency Committee shall coordi- nate the establishment, by the agencies represented on the Interagency Committee, of a program for conducting oil pollu- tion research and development, as provided in this subsection. (2) INNOVATIVE OIL POLLUTION TECHNOLOGY.—The program established under this subsection shall provide for research, development, and demonstration of new or improved tech- nologies which are effective in preventing or mitigating oil discharges and which protect the environment, including— (A) development of improved designs for vessels and facilities, and improved operational practices; (B) research, development, and demonstration of im- proved technologies to measure the ullage of a vessel tank, prevent discharges from tank vents, prevent discharges during lightering and bunkering operations, contain dis- charges on the deck of a vessel, prevent discharges through the use of vacuums in tanks, and otherwise contain dis- charges of oil from vessels and facilities; (C) research, development, and demonstration of new or improved systems of mechanical, chemical, biological, and other methods (including the use of dispersants, solvents, and bioremediation) for the recovery, removal, and disposal of oil, including evaluation of the environmental effects of the use of such systems; Texas. (D) research and training, in consultation with the Na- tional Response Team, to improve industry's and Govern- ment's ability to quickly and effectively remove an oil discharge, including the long-term use, as appropriate, of the National Spill Control School in Corpus Christi, Texas; (E) research to improve information systems for decision- making, including the use of data from coastal mapping, baseline data, and other data related to the environmental effects of oil discharges, and cleanup technologies; (F) development of technologies and methods to protect public health and safety from oil discharges, including the population directly exposed to an oil discharge; (G) development of technologies, methods, and standards for protecting removal personnel, including training, ade-
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 561 quate supervision, protective equipment, maximum expo- sure limits, and decontamination procedures; (H) research and development of methods to restore and rehabilitate natural resources damaged by oil discharges; (I) research to evaluate the relative effectiveness and environmental impacts of bioremediation technologies; and (J) the demonstration of a satellite-based, dependent surveillance vessel traffic system in Narragansett Bay to evaluate the utility of such system in reducing the risk of oil discharges from vessel collisions and groundings in con- fined waters. (3) OIL POLLUTION TECHNOLOGY EVALUATION.—The program established under this subsection shall provide for oil pollution prevention and mitigation technology evaluation including— (A) the evaluation and testing of technologies developed independently of the research and development program established under this subsection; (B) the establishment, where appropriate, of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention or mitigation technologies; and (C) the use, where appropriate, of controlled field testing to evaluate real-world application of oil discharge preven- tion or mitigation technologies. (4) OIL POLLUTION EFFECTS RESEARCH.—(A) The Committee shall establish a research program to monitor and evaluate the environmental effects of oil discharges. Such program shall include the following elements: (i) The development of improved models and capabilities for predicting the environmental fate, transport, and effects of oil discharges. (ii) The development of methods, including economic methods, to assess damages to natural resources resulting from oil discharges. (iii) The identification of t5rpes of ecologically sensitive areEis at particular risk to oil discharges and the prepara- tion of scientific monitoring and evaluation plans, one for each of several types of ecological conditions, to be imple- mented in the event of major oil discharges in such areas. (iv) The collection of environmental baseline data in eco- logically sensitive areas at particular risk to oil discharges where such data are insufficient. (B) The Department of Commerce in consultation with the Environmental Protection Agency shall monitor and scientif- ically evaluate the long-term environmental effects of oil dis- charges if— (i) the amount of oil discharged exceeds 250,000 gallons; (ii) the oil discharge has occurred on or after January 1, 1989; and (iii) the Interagency Committee determines that a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges. Areas for study may include the following sites where oil dis- State listing. charges have occurred: the New York/New Jersey Harbor area, where oil was discharged by an Exxon underwater pipeline, the T/B CIBRO SAVANNAH, and the M/V BT NAUTILUS;
104 STAT. 562 PUBLIC LAW 101-380—AUG. 18, 1990 Narragansett Bay where oil was discharged by the WORLD PRODIGY; the Houston Ship Channel where oil was discharged by the RACHEL B; the Delaware River, where oil was dis- charged by the PRESIDENTE RIVERA, and Huntington Beach, California, where oil was discharged by the AMERICAN TRADER. (C) Research conducted under this paragraph by, or through, the United States Fish and Wildlife Service shall be directed and coordinated by the National Wetland Research Center. (5) MARINE SIMULATION RESEARCH.—The program established under this subsection shall include research on the greater use and application of geographic and vessel response simulation models, including the development of additional data bases and updating of existing data bases using, among others, the re- sources of the National Maritime Research Center. It shall include research and vessel simulations for— (A) contingency plan evaluation and amendment; (B) removal and strike team training; (C) tank vessel personnel training; and (D) those geographic areas where there is a significant likelihood of a major oil discharge. State listing. (6) DEMONSTRATION PROJECTS.—The United States Coast Guard, in conjunction with other such agencies in the Depart- ment of Transportation as the Secretary of Transportation may designate, shall conduct 3 port oil pollution minimization dem- onstration projects, one each with (A) the Port Authority of New York and New Jersey, (B) the Ports of Los Angeles and Long Beach, California, and (C) the Port of New Orleans, Louisiana, for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems which utilize the information and implement the improved practices and tech- nologies developed from the research, development, and dem- onstration program established in this section. Such systems shall utilize improved technologies and management practices for reducing the risk of oil discharges, including, as appropriate, improved data access, computerized tracking of oil shipments, improved vessel tracking and navigation systems, advanced technology to monitor pipeline and tank conditions, improved oil spill response capability, improved capability to predict the flow and effects of oil discharges in both the inner and outer harbor areas for the purposes of making infrastructure deci- sions, and such other activities necessary to achieve the pur- poses of this section. New Jersey. (7) SIMULATED ENVIRONMENTAL TESTING.—Agencies rep- resented on the Interagency Committee shall ensure the long- term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations. Grants. (8) REGIONAL RESEARCH PROGRAM.—(A) Consistent with the Schools and research plan in subsection (b), the Interagency Committee colleges. shall coordinate a program of competitive grants to universities or other research institutions, or groups of universities or re- search institutions, for the purposes of conducting a coordinated research program related to the regional aspects of oil pollution, such as prevention, removal, mitigation, and the effects of discharged oil on regional environments. For the purposes of
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 563 this paragraph, a region means a Coast Guard district as set out in part 3 of title 33, Code of Federal Regulations (1989). (B) The Interagency Committee shall coordinate the publica- tion by the agencies represented on the Interagency Committee of a solicitation for grants under this subsection. The applica- tion shall be in such form and contain such information as may be required in the published solicitation. The applications shall be reviewed by the Interagency Committee, which shall make recommendations to the appropriate granting agency rep- resented on the Interagency Committee for awarding the grant. The granting agency shall award the grants recommended by the Interagency Committee unless the agency decides not to award the grant due to budgetary or other compelling consider- ations and publishes its reasons for such a determination in the Federal Register. No grants may be made by any agency from any funds authorized for this paragraph unless such grant award has first been recommended by the Interagency Commit- tee. (C) Any university or other research institution, or group of universities or research institutions, may apply for a grant for the regional research program established by this paragraph. The applicant must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program. With respect to a group application, the entity or entities which will carry out the substantial portion of the proposed research must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program. (D) The Interagency Committee shall make recommendations on grants in such a manner as to ensure an appropriate balance within a region among the various aspects of oil pollution research, including prevention, removal, mitigation, and the effects of discharged oil on regional environments. In addition, the Interagency Committee shall make recommendations for grants based on the following criteria: (i) There is available to the applicant for carrying out this paragraph demonstrated research resources. (ii) The applicant demonstrates the capability of making a significant contribution to regional research needs. (iii) The projects which the applicant proposes to carry out under the grant are consistent with the research plan under subsection (bXlXF) and would further the objectives of the research and development program established in this section. (E) Grants provided under this paragraph shall be for a period up to 3 years, subject to annual review by the granting agency, and provide not more than 80 percent of the costs of the research activities carried out in connection with the grant. (F) No funds made available to carry out this subsection may be used for the acquisition of real property (including buildings) or construction of any building. (G) Nothing in this paragraph is intended to alter or abridge the authority under existing law of any Federal agency to make grants, or enter into contracts or cooperative agreements, using funds other than those authorized in this Act for the purposes of carrying out this paragraph.
104 STAT. 564 PUBLIC LAW 101-380—AUG. 18, 1990 (9) FUNDING.—For each of the fiscal years 1991, 1992, 1993, 1994, and 1995, $6,000,000 of amounts in the Fund shall be available to carry out the regional research program in para- graph (8), such amounts to be available in equal amounts for the regional research program in each region; except that if the agencies represented on the Interagency Committee determine that regional research needs exist which cannot be addressed within such funding limits, such agencies may use their author- ity under paragraph (10) to make additional grants to meet such needs. For the purposes of this paragraph, the research program carried out by the Prince William Sound Oil Spill Recovery Institute established under section 5001, shall not be eligible to receive grants under this paragraph. (10) GRANTS.—In carrying out the research and development program established under this subsection, the agencies rep- resented on the Interagency Committee may enter into con- tracts and cooperative agreements and make grants to univer- sities, research institutions, and other persons. Such contracts, cooperative agreements, and grants shall address research and technology priorities set forth in the oil pollution research plan under subsection (b). (11) In carrying out research under this section, the Depart- ment of Transportation shall continue to utilize the resources of the Research and Special Programs Administration of the Department of Transportation, to the maximum extent prac- ticable. (d) INTERNATIONAL COOPERATION.—In accordance with the re- search plan submitted under subsection (b), the Interagency Committee shall coordinate and cooperate with other nations and foreign research entities in conducting oil pollution research, devel- opment, and demonstration activities, including controlled field tests of oil discharges. (e) BIENNIAL REPORTS.—The Chairman of the Interagency Committee shall submit to Congress every 2 years on October 30 a report on the activities carried out under this section in the preced- ing 2 fiscal years, and on activities proposed to be carried out under this section in the current 2 fiscal year period. (f) FUNDING.—Not to exceed $21,250,000 of amounts in the Fund shall be available annually to carry out this section except for subsection (c)(8). Of such sums— (1) funds authorized to be appropriated to carry out the activities under subsection (c)(4) shall not exceed $5,000,000 for fiscal year 1991 or $3,500,000 for any subsequent fiscal year; and (2) not less than $2,250,000 shall be available for carrying out the activities in subsection (c)(6) for fiscal years 1992, 1993, 1994, and 1995. All activities authorized in this section, including subsection (c)(8), are subject to appropriations. HpSfn^stem TITLE VIII—TRANS-ALASKA PIPELINE Reform Act of 1990. SYSTEM 43 u s e 1651 SEC. 8001. SHORT TITLE. "^^ • This title may be cited as the "Trans-Alaska Pipeline System Reform Act of 1990".
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 565 Subtitle A—Improvements to Trans-Alaska Pipeline System SEC. 8101. LIABILITY WITHIN THE STATE OF ALASKA AND CLEANUP EFFORTS. (a) CAUSE OF ACCIDENT.—Section 204(a)(1) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(a)(1)) is amended by striking out "caused by" in the first sentence and inserting in lieu thereof "caused solely by". (b) LIMITATION OF LIABILITY,—Section 204(a)(2) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(a)(2)) is amended by striking "$50,000,000" each place it occurs and inserting in lieu thereof "$350,000,000". (c) CLEANUP EFFORTS.—Section 204(b) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(b)) is amended in the first sen- tence— (1) by inserting after "any area" the following: "in the State of Alaska"; (2) by inserting after "any activities" the following: "related to the Trans-Alaska Pipeline System, including operation of the terminal,"; and (3) by inserting after "other Federal" the first place it appears the following: "or State". SEC. 8102. TRANS-ALASKA PIPELINE LIABILITY FUND. (a) TERMINATION OF CERTAIN PROVISIONS.— (1) REPEAL.—Section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) is repealed, effective as provided in paragraph (5). (2) DISPOSITION OF FUND BALANCE.— 43 use 1653 (A) RESERVATION OF AMOUNTS.—The trustees of the "°*^- Trans-Alaska Pipeline Liability Fund (hereafter in this subsection referred to as the "TAPS Fund") shall reserve the following amounts in the TAPS Fund— (i) necessary to pay claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)); and (ii) administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of that Act. (B) DISPOSITION OF THE BALANCE.—After the Comptroller General of the United States certifies that the require- ments of subparagraph (A) have been met, the trustees of the TAPS Fund shall dispose of the balance in the TAPS Fund after the reservation of amounts are made under subparagraph (A) by— (i) rebating the pro rata share of the balance to the State of Alaska for its contributions as an owner of oil; and then (ii) transferring and depositing the remainder of the balance into the Oil Spill Liability Trust Fund estab- lished under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). (C) DISPOSITION OF THE RESERVED AMOUNTS.—After pay- ment of all claims arising from an incident for which funds
104 STAT. 566 PUBLIC LAW 101-380—AUG. 18, 1990 are reserved under subparagraph (A) and certification by the Comptroller General of the United States that the claims arising from that incident have been paid, the excess amounts, if any, for that incident shall be disposed of as set forth under subparagraphs (A) and (B). (D) AUTHORIZATION.—The amounts transferred and deposited in the Fund shall be available for the purposes of section 1012 of the Oil Pollution Act of 1990 after funding sections 5001 and 8103 to the extent that funds have not otherwise been provided for the purposes of such sections. 43 use 1653 (3) SAVINGS CLAUSE.—The repeal made by paragraph (1) shall "°*®' have no effect on any right to recover or responsibility that arises from incidents subject to section 204(c) of the Trans- Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) occurring prior to the date of enactment of this Act. (4) TAPS COLLECTION.—Paragraph (5) of section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) is amended by striking the period at the end of the second sen- tence and adding at the end the following: ", except that after the date of enactment of the Oil Pollution Act of 1990, the amount to be accumulated shall be $100,000,000 or the amount determined by the trustees and certified to the Congress by the Comptroller General as necessary to pay claims arising from incidents occurring prior to the date of enactment of that Act and administrative costs, whichever is less.". 43 use 1653 (5) EFFECTIVE DATE.—(A) The repeal by paragraph (1) shall be ^°^- effective 60 days after the date on which the Comptroller Gen- eral of the United States certifies to the Congress that— (i) all claims arising under section 204(c) of the Trans- Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) have been resolved, (ii) all actions for the recovery of amounts subject to section 204(c) of the Trans-Alaska Pipeline Authorization Act have been resolved, and (iii) all administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of the Trans-Alaska Pipeline Authorization Act have been paid. (B) Upon the effective date of the repeal pursuant to subpara- graph (A), the trustees of the TAPS Fund shall be relieved of all responsibilities under section 204(c) of the Trans-Alaska Pipe- line Authorization Act, but not any existing legal liability. 43 use 1653 (6) TUCKER ACT.—This subsection is intended expressly to "°*® preserve any and all rights and remedies of contributors to the TAPS Fund under section 1491 of title 28, United States Code (commonly referred to as the "Tucker Act"). Ob) CAUSE OF ACCIDENT.—Section 204(c)(2) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)(2)) is amended by striking out "caused by" in the first sentence and inserting in lieu thereof "caused solely by". (c) DAMAGES.—Section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C, 1653(c)), as amended by this title, is further amended by adding at the end the following new para- graphs: "(13) For any claims against the Fund, the term 'damages' shall include, but not be limited to— "(A) the net loss of taxes, revenues, fees, royalties, rents, or other revenues incurred by a State or a political subdivision of a
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 567 State due to injury, destruction, or loss of real property, per- sonal property, or natural resources, or diminished economic activity due to a discharge of oil; and "(B) the net cost of providing increased or additional public services during or after removal activities due to a discharge of oil, including protection from fire, safety, or health hazards, incurred by a State or political subdivision of a State. "(14) Paragraphs (1) through (13) shall apply only to claims arising from incidents occurring before the date of enactment of the Trans- Alaska Pipeline System Reform Act of 1990. The Oil Pollution Act of 1990 shall apply to any incident, or any claims arising from an incident, occurring on or after the date of the enactment of that Act.". (d) PAYMENT OF CLAIMS BY FUND.—Section 204(c)(3) of the Trans- Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)(3)) is amended by adding at the end the following: "The Fund shall expeditiously pay claims under this subsection, including such $14,000,000, if the owner or operator of a vessel has not paid any such claim within 90 days after such claim has been submitted to such owner or operator. Upon payment of any such claim, the Fund shall be subrogated under applicable State and Federal laws to all rights of any person entitled to recover under this subsection. In any action brought by the Fund Eigainst an owner or operator or an affiliate thereof to recover amounts under this paragraph, the Fund shall be entitled to recover prejudgment interest, costs, reasonable attorney's fees, and, in the discretion of the court, penalties.". (e) OFFICERS OR TRUSTEES.—Section 204(c)(4) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)(4)) is amended— (1) by inserting "(A)" after "(4)"; and (2) by adding at the end the following: "(B) No present or former officer or trustee of the Fund shall be subject to any liability incurred by the Fund or by the present or former officers or trustees of the Fund, other than liability for gross negligence or willful misconduct. "(C)(i) Subject to clause (ii), each officer and each trustee of the Fund— "(I) shall be indemnified against all claims and liabilities to which he or she has or shall become subject by reeison of serving or having served as an officer or trustee, or by reason of any action taken, omitted, or neglected by him or her as an officer or trustee; and "(II) shall be reimbursed for all attorney's fees reasonably incurred in connection with any claim or liability. "(ii) No officer or trustee shall be indemnified against, or be reimbursed for, any expenses incurred in connection with, any claim or liability arising out of his or her gross negligence or willful misconduct.". SEC. 8103. PRESIDENTIAL TASK FORCE. 43 USC 1651 (a) ESTABLISHMENT OF TASK FORCE.— (1) ESTABLISHMENT AND MEMBERS.—(A) There is hereby estab- lished a Presidential Task Force on the Trans-Alaska Pipeline System (hereinafter referred to as the "Task Force") composed of the following members appointed by the President: (i) Three members, one of whom shall be nominated by the Secretary of the Interior, one by the Administrator of
104 STAT. 568 PUBLIC LAW 101-380—AUG. 18, 1990 the Environmental Protection Agency, and one by the Sec- retary of Transportation. (ii) Three members nominated by the Governor of the State of Alaska, one of whom shall be an employee of the Alaska Department of Natural Resources and one of whom shall be an employee of the Alaska Department of Environ- mental Conservation. (iii) One member nominated by the Office of Technology Assessment. (B) Any member appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his or her term until a successor, if applicable, has taken office. (2) CocHAiRMEN.—The President shall appoint a Federal cochairman from among the Federal members of the Task Force appointed pursuant to paragraph (1)(A) and the Governor shall designate a State cochairman from among the State members of the Task Force appointed pursuant to paragraph (1)(B). (3) COMPENSATION.—Members shall, to the extent approved in appropriations Acts, receive the daily equivalent of the mini- mum annual rate of basic pay in effect for grade GS-15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Task Force, except that members who are State, Federal, or other governmental employees shall receive no com- pensation under this paragraph in addition to the salaries they receive as such employees. (4) STAFF.—The cochairman of the Task Force shall appoint a Director to carry out administrative duties. The Director may hire such staff and incur such expenses on behalf of the Task Force for which funds are available. (5) RULE.—Employees of the Task Force shall not, by reason of such emplojonent, be considered to be employees of the Federal Government for any purpose. (b) DUTIES OF THE TASK FORCE.— (1) AUDIT.—The Task Force shall conduct an audit of the Trans-Alaska Pipeline System Giereinafter referred to as "TAPS") including the terminal at Valdez, Alaska, and other related onshore facilities, make recommendations to the Presi- dent, the Congress, and the Governor of Alaska. (2) COMPREHENSIVE REVIEW.—As part of such audit, the Task Force shall conduct a comprehensive review of the TAPS in order to specifically advise the President, the Congress, and the Governor of Alaska concerning whether— (A) the holder of the Federal and State right-of-way is, and has been, in full compliance with applicable laws, regulations, and agreements; (B) the laws, regulations, and agreements are sufficient to prevent the release of oil from TAPS and prevent other damage or degradation to the environment and public health; (C) improvements are necessary to TAPS to prevent re- lease of oil from TAPS and to prevent other damage or degradation to the environment and public health; (D) improvements are necessary in the onshore oil spill response capabilities for the TAPS; and
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 569 (E) improvements are necessary in security for TAPS. (3) CONSULTANTS.—(A) The Task Force shall retain at least one independent consulting firm with technical expertise in engineering, transportation, safety, the environment, and other applicable areas to assist the Task Force in carrying out this subsection. (B) Contracts with any such firm shall be entered into on a Contracts. nationally competitive basis, and the Task Force shall not select any firm with respect to which there may be a conflict of interest in assisting the Task Force in carrying out the audit and review. All work performed by such firm shall be under the direct and immediate supervision of a registered engineer. (4) PuBUC COMMENT.—The Task Force shall provide an oppor- tunity for public comment on its activities including at a mini- mum the following: (A) Before it begins its audit and review, the Task Force shall review reports prepared by other Government entities conducting reviews of TAPS and shall consult with those Government entities that are conducting ongoing investiga- tions including the General Accounting Office. It shall also hold at least 2 public hearings, at least 1 of which shall be held in a community affected by the Exxon Valdez oil spill. Members of the public shall be given an opportunity to present both oral and written testimony. (B) The Task Force shall provide a mechanism for the Classified confidential receipt of information concerning TAPS, which information. may include a designated telephone hotline. (5) TASK FORCE REPORT.—The Task Force shall publish a draft report which it shall make available to the public. The public will have at least 30 days to provide comments on the draft report. Based on its draft report and the public comments thereon, the Task Force shall prepare a final report which shall include its findings, conclusions, and recommendations made as a result of carrying out such audit. The Task Force shall transmit (and make available to the public), no later than 2 years after the date on which funding is made available under paragraph (7), its final report to the President, the Congress, and the Governor of Alaska. (6) PRESIDENTIAL REPORT.—The President shall, within 90 days after receiving the Task Force's report, transmit a report to the Congress and the Governor of Alaska outlining what mesisures have been taken or will be taken to implement the Task Force's recommendations. The President's report shall include rec- ommended changes, if any, in Federal and State law to enhance the safety and operation of TAPS. (7) EARMARK.—Of amounts in the Fund, $5,000,000 shall be available, subject to appropriations, annually without fiscal year limitation to carry out the requirements of this section. (c) GENERAL ADMINISTRATION AND POWERS OF THE TASK FORCE.— (1) AUDIT ACCESS.—The Comptroller General of the United States, and any of his or her duly appointed representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Task Force that are pertinent to the funds received and expended by the Task Force.
104 STAT. 570 PUBLIC LAW 101-380—AUG. 18, 1990 (2) TERMINATION.—The Task Force shall cease to exist on the date on which the final report is provided pursuant to subsec- tion (b)(5). Safety. (3) FUNCTIONS LIMITATION.—With respect to Safety, oper- ations, and other matters related to the pipeline facilities (as such term is defined in section 202(4) of the Hazardous Liquid Pipeline Safety Act of 1979) of the TAPS, the Task Force shall not perform any functions which are the responsibility of the Secretary of Transportation under the Hazardous Liquid Pipe- line Safety Act of 1979, as amended. The Secretary may use the information gathered by and reports issued by the Task Force in carrying out the Secretary's responsibilities under that Act. (4) POWERS.—The Task Force may, to the extent necessary to carry out its responsibilities, conduct investigations, make re- ports, issue subpoenas, require the production of relevant docu- ments and records, take depositions, and conduct directly or, by contract, or otherwise, research, testing, and demonstration activities. (5) EXAMINATION OF RECORDS AND PROPERTIES.—The Task Force, and the employees and agents it so designates, are authorized, upon presenting appropriate credentials to the person in charge, to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining whether such persons have acted or are acting in compliance with applicable laws and agreements. (6) FOIA.—The information gathered by the Task Force pursuant to subsection (b) shall not be subject to section 552 of title 5, United States Code (commonly referred to as the "Free- dom of Information Act"), until its final report is issued pursu- ant to subsection (b)(6). Subtitle B—Penalties SEC. 8201. AUTHORITY OF THE SECRETARY OF THE INTERIOR TO IMPOSE PENALTIES ON OUTER CONTINENTAL SHELF FACILITIES. Section 24(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1350(b)) is amended— (1) by striking out "If any" and inserting in lieu thereof "(1) Except as provided in paragraph (2), if any"; (2) by striking out "$10,000" and inserting in lieu thereof "$20,000"; (3) by adding at the end of paragraph (1) the following new Regulations. sentence: "The Secretary shall, by regulation at least every 3 years, adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items. United States city average) as prepared by the Department of Labor."; and (4) by adding at the end the following new paragraph: "(2) If a failure described in paragraph (1) constitutes or con- stituted a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment, a civil penalty may be assessed without regard to the requirement of expiration of a period allowed for corrective action.".
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 571 SEC. 8202. TRANS-ALASKA PIPELINE SYSTEM CIVIL PENALTIES. The Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.) is amended by adding at the end thereof the following new section: " C I V I L PENALTIES "SEC. 207. (a) PENALTY.—Except as provided in subsection (c)(4), 43 use 1656. the Secretary of the Interior may assess and collect a civil penalty under this section with respect to any discharge of oil— "(1) in transit from fields or reservoirs supplying oil to the trans-Alaska pipeline; or "(2) during transportation through the trans-Alaska pipeline or handling at the terminal facilities, that causes damage to, or threatens to damage, natural resources or public or private property. "(b) PERSONS LIABLE.—In addition to the person causing or permit- ting the discharge, the owner or owners of the oil at the time the discharge occurs shall be jointly, severally, and strictly liable for the full amount of penalties assessed pursuant to this section, except that the United States and the several States, and political subdivi- sions thereof, shall not be liable under this section. "(c) AMOUNT.—(1) The amount of the civil penalty shall not exceed $1,000 per barrel of oil discharged. "(2) In determining the amount of civil penalty under this section, the Secretary shall consider the seriousness of the damages from the discharge, the cause of the discharge, any history of prior violations of applicable rules and laws, and the degree of success of any efforts by the violator to minimize or mitigate the effects of such discharge. "(3) The Secretary may reduce or waive the penalty imposed under this section if the discharge was solely caused by an act of war, act of God, or third party action beyond the control of the persons liable under this section. "(4) No civil penalty assessed by the Secretary pursuant to this section shall be in addition to a penalty assessed pursuant to section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)). "(d) PROCEDURES.—A civil penalty may be assessed and collected under this section only after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. In any proceeding for the assessment of a civil penalty under this section, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery procedures. Any person who requested a hearing with respect to a civil penalty under this subsection and who is aggrieved by an order assessing the civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. "(e) STATE LAW.—(1) Nothing in this section shall be construed or interpreted as preempting any State or political subdivision thereof from imposing any additional liability or requirements with respect to the discharge, or threat of discharge, of oil or other pollution by oil.
104 STAT. 572 PUBLIC LAW 101-380—AUG. 18, 1990 "(2) Nothing in this section shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to discharges of oil.". Subtitle C—Provisions Applicable to Alaska Natives SEC. 8301. LAND CONVEYANCES. The Alaska National Interest Lands Conservation Act (Public Law 96-487) is amended by adding the following after section 1437: Claims. "SEC. 1438. Solely for the purpose of bringing claims that arise 43 u s e 1642. from the discharge of oil, the Congress confirms that all right, title, and interest of the United States in and to the lands validly selected pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) by Alaska Native corporations are deemed to have vested in the respective corporations as of March 23, 1989. This section shall take effect with respect to each Alaska Native corpora- tion only upon its irrevocable election to accept an interim convey- ance of such land and notice of such election has been formally transmitted to the Secretary of the Interior.". SEC. 8302. IMPACT OF POTENTIAL SPILLS IN THE ARCTIC OCEAN ON ALASKA NATIVES. Section 1005 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3145) is amended— (1) by amending the heading to read as follows: " W I L D L I F E R E S O U R C E S P O R T I O N O F S T U D Y A N D IMPACT OF POTENTIAL OIL SPILLS IN THE ARCTIC O C E A N " ; (2) by inserting "(a)" after " S E C 1005."; and (3) by adding at the end the following: "(b)(1) The Congress finds that— Canada. "(A) Canada has discovered commercial quantities of oil and gas in the Amalagak region of the Northwest Territory; "(B) Canada is exploring alternatives for transporting the oil from the Amalagak field to markets in Asia and the Far East; "(C) one of the options the Canadian Government is exploring involves transshipment of oil from the Amalagak field across the Beaufort Sea to tankers which would transport the oil overseas; "(D) the tankers would traverse the American Exclusive Eco- nomic Zone through the Beaufort Sea into the Chuckchi Sea and then through the Bering Straits; "(E) the Beaufort and Chuckchi Seas are vital to Alaska's Native people, providing them with subsistence in the form of walrus, seals, fish, and whales; "(F) the Secretary of the Interior has conducted Outer Con- tinental Shelf lease sales in the Beaufort and Chuckchi Seas and oil and gas exploration is ongoing; "(G) an oil spill in the Arctic Ocean, if not properly contained and cleaned up, could have significant impacts on the indige- nous people of Alaska's North Slope and on the Arctic environ- ment; and
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 573 "(H) there are no international contingency plans involving our two governments concerning containment and cleanup of an oil spill in the Arctic Ocean. "(2XA) The Secretary of the Interior, in consultation with the Grovernor of Alaska, shall conduct a study of the issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean. "(B) The Secretary shall, no later than January 31, 1991, transmit Reports, a report to the Congress on the findings and conclusions reached as the result of the study carried out under this subsection. "(c) The Congress calls upon the Secretary of State, in consulta- Canada. tion with the Secretary of the Interior, the Secretary of Transpor- international tation, and the Governor of Aleiska, to begin negotiations with the agreements. Foreign Minister of Canada regarding a treaty dealing with the complex issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean. "(d) The Secretary of State shall report to the Congress on the Reports. Secretary's efforts pursuant to this section no later than June 1, 1991.". TITLE IX—AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND, ETC. SEC. 9001. AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND. (a) TRANSFERS TO TRUST FUND.—Subsection (b) of section 9509 of the Internal Revenue Code of 1986 is amended by striking all that 26 USC 9509. follows paragraph (1) and inserting the following: "(2) amounts recovered under the Oil Pollution Act of 1990 for damages to natural resources which are required to be deposited in the Fund under section 1006(f) of such Act, "(3) amounts recovered by such Trust Fund under section 1015of such Act, "(4) amounts required to be transferred by such Act from the revolving fund established under section 311(k) of the Federal Water Pollution Control Act, "(5) amounts required to be transferred by the Oil Pollution Act of 1990 from the Deepwater Port Liability Fund established under section 18(f) of the Deepwater Port Act of 1974, "(6) amounts required to be transferred by the Oil Pollution Act of 1990 from the Offshore Oil Pollution Compensation Fund established under section 302 of the Outer Continental Shelf Lands Act Amendments of 1978, "(7) amounts required to be transferred by the Oil Pollution Act of 1990 from the Trans-Alaska Pipeline Liability Fund established under section 204 of the Trans-Alaska Pipeline Authorization Act, and "(8) any penalty paid pursuant to section 311 of the Federal Water Pollution Control Act, section 309(c) of such Act (as a result of violations of such section 311), the Deepwater Port Act of 1974, or section 207 of the Trans-Alaska Pipeline Authoriza- tion Act." (b) EXPENDITURES FROM TRUST FUND.—Paragraph (1) of section 9509(c) of such Code is amended to read as follows: "(1) EXPENDITURE PURPOSES.—Amounts in the Oil Spill Liabil- ity Trust Fund shall be available, as provided in appropriation
104 STAT. 574 PUBLIC LAW 101-380—AUG. 18, 1990 Acts or section 6002(b) of the Oil Pollution Act of 1990, only for purposes of making expenditures— "(A) for the payment of removal costs and other costs, expenses, claims, and damages referred to in section 1012 of such Act, "(B) to carry out sections 5 and 7 of the Intervention on the High Seas Act relating to oil pollution or the substan- tial threat of oil pollution, "(C) for the payment of liabilities incurred by the revolv- ing fund established by section 311(k) of the Federal Water Pollution Control Act, "(D) to carry out subsections (b), (c), (d), (j), and (1) of section 311 of the Federal Water Pollution Control Act with respect to prevention, removal, and enforcement related to oil discharges (as defined in such section), "(E) for the payment of liabilities incurred by the Deep- water Port Liability Fund, and "(F) for the payment of liabilities incurred by the Off- shore Oil Pollution Compensation Fund." (c) INCREASE IN EXPENDITURES PERMITTED PER INCIDENT.— 26 use 9509. Subparagraph (A) of section 9509(c)(2) of such Code is amended— (1) by striking "$500,000,000" each place it appears and insert- ing "$1,000,000,000", and (2) by striking "$250,000,000" and inserting "$500,000,000". (d) INCREASE IN BORROWING AUTHORITY.— (1) INCREASE IN BORROWING PERMITTED.—Paragraph (2) of sec- tion 9509(d) of such Code is amended by striking "$500,000,000" and inserting "$1,000,000,000". (2) CHANGE IN FINAL REPAYMENT DATE.—Subparagraph (B) of section 9509(d)(3) of such Code is amended by striking "Decem- ber 31,1991" and inserting "December 31,1994". (e) OTHER CHANGES.— (1) Paragraph (2) of section 9509(e) of such Code is amended by striking "Comprehensive Oil Pollution Liability and Compensa- tion Act" and inserting "Oil Pollution Act of 1990". (2) Subparagraph (B) of section 9509(c)(2) of such Code is amended by striking "described in paragraph (l)(A)(i)" and inserting "of removal costs". (3) Subsection (f) of section 9509 of such Code is amended to read as follows: "(f) REFERENCES TO OIL POLLUTION ACT OF 1990.—Any reference in this section to the Oil Pollution Act of 1990 or any other Act referred to in a subparagraph of subsection (c)(1) shall be treated as a reference to such Act as in effect on the date of the enactment of this subsection." SEC. 9002. CHANGES RELATING TO OTHER FUNDS. (a) REPEAL OF PROVISION RELATING TO TRANSFERS TO OIL SPILL LIABILITY FUND.—Subsection (d) of section 4612 of the Internal 26 use 4612. Revenue Code of 1986 is amended by striking the last sentence. (b) CREDIT AGAINST OIL SPILL RATE ALLOWED ON AFFILIATED GROUP BASIS.—Subsection (d) of section 4612 of such Code is amended by adding at the end thereof the following new sentence: "For purposes of this subsection, all taxpayers which would be members of the same affiliated group (as defined in section 1504(a)) if section
PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 575 1504(aX2) were applied by substituting '100 percent' for '80 percent' shall be treated as 1 taxpayer." Approved August 18, 1990. LEGISLATIVE HISTORY—H.R. 1465 (H.R. 3027) (S. 686): HOUSE REPORTS: No. 101-241, Pt. 1 (Comm. on Public Works and Transportation) and Pt. 2 (Comm. on Science, Space, and Technology), both accompanying H.R. 3027; No. 101-242, Pt. 1 (Comm. on Public Works and Transportation), Pt. 2 (Comm. on Merchant Marine and Fisheries), Pt. 3 (Comm. on Science, Space, and Technology), Pt. 4 (Comm. on Public Works and Transportation), and Pt. 5 (Comm. on Merchant Marine and Fisheries); and No. 101-653 (Comm. of Conference). SENATE REPORTS: No. 101-94 accompanying S. 686 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD: Vol. 135 (1989): Aug. 3, 4, S. 686 considered and passed Senate. Nov. 2, 8, 9, H.R. 1465 considered and passed House. Nov. 19, considered and passed Senate, amended, in lieu of S. 686. Vol. 136 (1990): Aug. 2, Senate agreed to conference report. Aug. 3, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): Aug. 18, Presidential statement. 39-194 O - 91 - 20 : QL 3 Part 1